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;i IV ^'^3- 



(■-': 



The 



ItirCFIVED 



JUN 19 1989 
^^ LIBRARY. 



NORTH CAROLINA 

REGISTER 



IN THIS ISSUE 



CONfl 



EXECUTIVE ORDERS 

PROPOSED RULES 

Community Colleges 

Human Resources 

NRCD 

N.C. Board of Architecture 

FINAL RULES 
Revenue 

ISSUE DATE: JUNE 15, 1989 



Volume 4 • Issue 6 • Pages 312-364 



INFORMATION ABOUT THE NORTH CAROLINA REGISTER AND ADMINISTRATIVE CODE 



NORTH CAROLINA REGISTER 

The North Caroli}ia Register is published bi-monthly 
and contains information relating to agency, e.xecuti\e, 
legislative and judicial actions required by or affecting 
Chapter 150B of the General Statutes. All proposed, ad- 
ministrative rules and amendments filed under Chapter 
150B must be published in the Register. The Register 
will tNpically comprise appro.ximateh' fifty pages per 
issue of legal te.xt. 

State law requires that a copy of each issue be pro- 
\ided free of charge to each county in the state and to 
\arious state officials and institutions. The .Xorth Carolina 
Register is available b>' yearly subscription at a cost of 
one hundred and fi\e dollars (SI 05.00) for 24 issues. 

Requests for subscriptions to the .Worth Carolina 
Register should be directed to the Office of Ad- 
ministrati\e Hearings, P. 0. Drawer 1 1666, Raleigh, N. 
C. 27604, Attn: Subscriptiotis. 

ADOPTION, AMENDMENT, AND REPEAL OF 
RULES 

An agency intending to adopt, amend, or repeal a rule 
must first publish notice of the proposed action in the 
Xorth Carolina Register. The notice must include the 
time and place of the public hearing: a statement of how 
public comments may be submitted to the agency either 
at the hearing or other\\ise; the text of the proposed 
rule or amendment; a reference to the Statutory 
Authority for the action and the proposed effective date. 

The Director of the Office of Administrative Hearings 
has authority" to publish a summary, rather than the 
full te.xt, of any amendment which is considered to be 
too lengthy. In such case, the full text of the rule con- 
taining the proposed amendment will be a\ailable for 
public inspection at the Rules Division of the Office of 
Administrative Hearings and at the office of the pro- 
mulgating agency. 

Unless a specific statute provides otherwise, at least 
30 da\s must elapse following publication of the pro- 
posal in the North Carolina Registerheiore the agency 
may conduct the required public hearing and take ac- 
tion on the proposed adoption, amendment or repeal. 

When final action is taken, the promulgating agency 
must file any adopted or amended rule for appro\al by 
the Administrative Rules Review Commission. Upon ap- 
proxal of ARRC, the adopted or amended rule must be 
filed with the Office of Administrati\e Hearings. If it 
differs substantially from the proposed form published 
as part of the public notice, upon request by the agen- 
cy, the adopted \ersion will again be published in the 
NortJi Caroli>ia Register. 

.4 rule, or amended rule cannot become effecti\e 
earlier than the first day of the second calendar month 
after the adoption is filed with the Office of Ad- 
ministrative Hearings for publication in the NCAC. 

Proposed action on rules may be withdrawn by the 
promulgating agency at any time before final action is 
taken b>- the agency. 

TEMPORARY RULES 

Under certain conditions of an emergency nature, 
some agencies may issue temporary rules. A temporary 
rule becomes effecti\e when adopted and remains in 



effect for the period specified in the rule or 180 da 
uhiche\er is less. An agency adopting a temporary' n 
must begin normal rule-making procedures on thep 
manent rule at the same time the temporary rule 
adopted. 

NORTH CAROLINA ADMINISTRATIVE CODE 

The Xorth Carolina Administrati\e Code (XCAC 
a compilation and index of the administrative rules 
25 state agencies and 38 occupational licensing boar 
The NCAC comprises approximateh' 15,000 letter si 
single spaced pages of material of which approximj 
ly 35% is changed annually. Compilation and publi 
tion of the NCAC is mandated by G.S. 150B-63(b) 

The Code is di\"ided into Titles and Chapters. E; 
state agency is assigned a separate title which is f 
ther broken down by chapters. Title 21 is designa 
for occupational licensing boards. 

The NCAC is available in two formats. 

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supplement service. Renewal subscriptions 
supplements to the initial publication a\aila 

Requests for pages of rules or Nolumes of the N( 
should be directed to the Office of Administra 
Hearings. 

NOTE 

The foregoing is a generalized statement of the 
cedures to be followed. For specific statutory' langu 
it is suggested that Articles 2 and 5 of Chapter 150 
the General Statutes be examined carefully. 

CITATION TO THE NORTH CAROLINA 
REGISTER 

The North Carolina Register is cited by \olume, i 
page number and date. 1:1 NCR 101-201, April 1, 

refers to Volume 1, Issue 1, pages 101 through 2( 
the North Carolina Register issued on April 1, 1- 



North Carolina Register. Published bi-monthly 1 
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North Carolina Administrative Code. Publish 
in looseleaf notebooks with supplement senice 
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suant to Chapter 150B of the General Satut 
Subscriptions se\en hundred and fifty dolls 
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( 



NORTH 
CAROLINA 
REGISTER 



ISSUE CONTENTS 




Office of Administrative Hearings 

P. O. Drawer 11666 

Raleigh, \'C 27604 

(919) 733-2678 



Robert A. Melott, 

Director 
James R. Scarcella Sr., 

Deputy Director 
MoUy Masich, 

Director APA Services 



I. EXECUTrV'E ORDERS 

Executive Orders 90-91 312 



II. PROPOSED RULES 
Community Colleges 

Board of Community 

Colleges 352 

Human Resources 

Health Services 315 

Licensing Board 

Architecture 349 

NRCD 

Environmental Management.... 347 



III. FINAL RULES 
Revenue 

Sales and Use Tax 353 



rv. CUMULATIVE INDEX 363 



Staff: 

Ruby Creech, 

Publications Coordinator 
Teresa Kilpatrick, 

Editorial Assistant 
Jean Shirley, 

Editorial Assistant 



NORTH CAROLINA REGISTER 

Publication Deadlines and Schedules 

(January 1989 - May 1990) 



Issue 


Last Day 


Last Day 


Earliest 


* 


Date 


for 


for 


Date for 


Earliest 




Filing 


Electronic 


Public 


Effective 






Filing 


Hearing & 
Adoption by 
Agency 


Date 


******** 


******** 




******** 


*******i 


01/02/89 


12/08/88 


12/15/88 


02/01/89 


05/01/89 


01/16/89 


12/27/88 


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09/01/90 


05/15/90 


04/24/90 


05/01/90 


06/14/90 


09/01/90 



♦ The "Earliest Effective Date" is computed assuming that the public hearing 
and adoption occur in the calendar month immediately following the "Issue 
Date", that the agency files the nde with The Administrative Rules Review 
Commission by the 20th of the same calendar month and that ARRC approves 
the rule at the next calendar month meeting. 



EXECUTIVE ORDERS 



EXECUTIVE ORDER NUMBER 90 

GOVERNOR'S ADVISORY COUNCIL ON 
LITERACY 

North Carolina's economy is changing in fun- 
damental ways. Employment in agriculture and 
low-skill manufacturing is declining. This decline 
is offset by new jobs in other industries which 
require dilTercnt, higher-level skills. Unless ef- 
fective steps are taken to upgrade the basic skills 
of the existing and future work force, North 
Carolina's economy will suffer. 

Improving the literacy of North Carolina's citi- 
zens is key. Nonreading adults in North 
Carolina are likely to be locked in low-paying 
jobs. These adults do not possess the reading 
abihties necessary to learn new, higher-level 
skills. 

THEREFORE, by the authority vested in me 
as Governor by the Constitution and laws of 
North CaroUna, IT IS ORDERED: 

Section 1. ESTABLISHMENT 

The Governor's Advisory Council on Literacy, 
hereinafter "The Council," is hereby established 
to replace the Governor's Literacy Council cre- 
ated by Executive Order Number 32. The 
Council shall consist of not less than 19 persons 
appointed by the Governor. 

Section 2. MEMBERSHIP 
The membersliip of the Council shall include, 
but not be limited to, the following members: 

1 . The President of the Community College 
System, or someone designated by that 
person, and one representative nominated 
by the State Board of Community Col- 
leges; 

2. The Director of the North Carolina Liter- 
acy Association, or someone designated 
by that person, and one representative 
nominated by the Board of Directors of 
the North Carolina Literacy Association; 

3. One representative of another literacy 
program; 

4. The State Superintendent of Public In- 
struction, or someone designated by that 
person; 

5. One representative of the State Senate to 
be nominated by the Lieutenant Gover- 
nor; 

6. One representative of the State I louse of 
Representatives to be nominated by the 
Speaker of the House; 

7. Live representatives of business and in- 
dustry' to be appointed by the Governor; 



8. One representative of the University of 
North Carolina to be nominated by the 
President of that University; 

9. One representative of the Association of 
Private Colleges and Universities to be 
appointed by the Governor; and 

10. Four members-at-large to be appointed 
by the Governor. 

Members of the Council shall serve two-year 
staggered terms, except that nine members of the 
initial Council shall be app>ointed for one-year 
terms, and the remainder shall be appointed for 
two year terms. The Governor shall determine 
which members serve these initial terms. 

Except for the President of the Community 
College System, the Director of the North 
Carolina Literacy Association and the State Su- 
perintendent of Public Instruction or their 
designees, all members serve at the pleasure of 
the Governor. AH vacancies shall be filled by the 
Governor. When filling vacancies involving per- 
sons nominated and appointed pursuant to sub- 
sections I, 2, 5, 6, 8 above, the Governor shall 
solicit replacement nominations from the appro- 
priate authority. The Governor shall designate 
one member to serve as Chairperson of the 
Council. 

Section 3. FUNCTIONS 

A. The Council shall meet regularly at the call 
of the Chairperson. 

B. The Council shall develop and dehver to the 
Governor a long-range plan designed to expand 
literacy education efforts in the workplace. The 
plan shall designate the various State agencies 
which must cooperate to implement these efforts. 
Funding for this plan shall be included in the 
Council's recommended comprehensive program 
budget. 

C. The Council may estabUsh an adjunct 
Technical Committee composed of literacy ser- 
vice providers, instructors, administrators, and 
program participants. Such a committee would 
serve as a source of practical advice regarding 
policy initiatives being considered by the Coun- 
cil. The Governor shall designate the members 
and Chairperson of such a Committee. The 
Committee would meet at the call of either its 
Chairperson or the Council's Chairperson. 

D. The Council shall seek to establish a Liter- 
acy Trust Fund. It shall recommend the goals, 
the areas of eligible activity, the disbursement 
mechanisms, and the funding criteria for such a 
Fund to the Governor. 

E. The Council shall develop and deliver to the 
Governor fmancial and service recommendations 
for State literacy programs and resources. In this 
regard, the CouncO shall build on the informa- 



NORTH CAROLINA REGISTER 



312 



EXECUTIVE ORDERS 



tion previously gathered by the Governor's 
Commission on Literacy to review the existing: 

1 . Literacy services and resources; 

2. Numbers of persons served by these ser- 
vices; 

3. Gaps in literacy service; 

4. Coordination among literacy services; 

5. Characteristics and needs of the target 
populations for literacy services; and 

6. Delivery of literacy services to these pop- 
ulations. 

F. The Council shall propose to the Governor 
(1) a comprehensive program budget for all lit- 
eracy activities in every State agency, (2) pro- 
gram performance objectives, and (3) timetables 
for accomphshing goals. In proposing a literacy 
program budget, the Council shall give a high 
priority in funding to the research and develop- 
ment of promising iimovative literacy programs. 

G. The Council shall foster cooperation and 
coordination among state agencies and private 
sector literacy ser\ices to achieve the maximum 
possible impact from existing programs and 
eliminate duplicative efforts. 

H. The Council shall work to develop methods 
to measure literacy program performance and 
student progress in order to more precisely mon- 
itor program achievements. 

I. The Council shall work to increase the pro- 
fessional capabilities of existing literacy educa- 
tors. The Council shall also encourage 
de%'elopment of professional, full-time literacy 
educators. In this regard, the Council shall ar- 
range to provide statewide technical assistance in 
pedagogy, literacy program design, and curric- 
ulum development for adult learners. The 
Council shall also develop mechanisms to pro- 
vide practical assistance and support to volunteer 
teachers. 

J . The Council shall promote literacy programs 
and raise awareness of illiteracy among both the 
general public and the business community. 

K. The Council shall foster coordination of 
current state agency literacy programs in order to 
most effectively reach those in need of literacy 
ser\ices. The Council shall work to develop se- 
veral varied inter\'ention strategies for the popu- 
lation of adult learners. 

L. The Council shall develop programs for 
family literacy education for the parents of chil- 
dren at risk of illiteracy. 

Section 4. ADMINISTRATION 

A. Administrative support and staff for the 
Council shall be provided by the Department of 
Administration. 

B. Members of the Council shall be reimbursed 
for necessary travel and subsistence expenses as 



authorized under N.C.G.S. 138-5 and 138-6. 
Funds for the reimbursement of such expenses 
shall be made available from funds authorized to 
the Department of Administration. 
C. Each cabinet department shall make every 
reasonable effort to cooperate with the Council 
to implement the provisions of this order. 

Section 5. IMPLEMENTATION AND 
DURATION 

This Executive Order shall become effective 
immediately and shall expire in accordance with 
North Carolina law two years from the date on 
which it is signed. It is subject to reissuance or 
extension at the discretion of the Governor. 

Done in Raleigh, North Carolina, this 18th day 
of May, 1989. 

EXECUTIVE ORDER NUMBER 91 

NORTH CAROLINA MOTOR CARRIER 
ADVISORY COUNCIL 

The motor carrier industry is an important in- 
dustry to North Carolina and to the United 
States. Coordination with other states' laws and 
federal laws benefit the motor carrier industry, 
businesses served by the motor carrier industry, 
and the citizens of North Carolina. 

NOW, therefore, by authority vested in me as 
Governor by the Constitution and laws of North 
Carolina, IT IS ORDERED: 

Section 1. ESTABLISHMENT 

There is hereby created and established the 
North Carolina Motor Carrier Advisory Council. 
The Advisor)' Council shall be composed of not 
less than seventeen (17) members as follows: 

The Secretary of the Department of Transpor- 
tation or his designee; 

The Highway Administrator or his designee; 

Commissioner, Division of Motor Vehicles or 
his designee; 

Director, Motor Fuel Division, Department of 
Revenue or designee; 

Director, Governor's Highway Safety Program 
or designee; 

North Carolina Utilities Commission, Trans- 
portation Division representative; 

North Carolina State Highway Patrol represen- 
tative; 

At least six members from the motor carrier in- 
dustry representing the following areas: heavy 
duty and rigging, truckload, less than truckload, 
trucking association, private carrier, tank /bulk; 

Representative of the state bus association; 



313 



NORTH CAROLINA REGISTER 



EXECUTIVE ORDERS 



At least three (3) members representing the in- 
terests of intra-state truck users. 

National Motor Carrier Advisory Committee 
members shall serve as ex-officio members of the 
North Carolina Council. 

All public members shall be appointed and 
serve at the pleasure of the Secretary of the De- 
partment of Transportation. They shall serve 
two-year terms. 

The Secretary of the North Carolina Depart- 
ment of Transportation or his designee shall chair 
the Advisory Council. 

The Secretary of Transportation may designate 
a co-chair from among the public members of 
the Council. 

Section 2. DUTIES 

The Advisory Council shall have the following 
duties: 

1. To review current laws, policies, and pro- 

cedures regarding taxation, regulation, and 
safety of the motor carrier industry in 
North Carolina; 

2. To determine the extent to which these 
laws, policies, and procedures are consist- 
ent with those in other states; 

3. To work cooperatively with the National 
Governors' Association, the Federal 
Highway Administration, and other or- 
ganizations in an effort to streamline and 
improve uniformity and efficiency among 
the states in motor carrier taxation, regu- 
lation, and other related matters; 



4. To advise the Governor and make rec- 
ommendations concerning the motor car- 
rier industry. 

Section 3. ADMINISTRATION 

The Department of Transportation shall pro- 
vide the plaruiing, technical, and administrative 
support for the Advisory Council. 

Section 4. EXPENSES 

Members of the Council shall be compensated 
for their per diem expenses as provided in N.C. 
General Statutes 138-5 and 138-6. These ex- 
penses shall be provided from funds made avail- 
able from the Department of Transportation. 

Section 5. AGENCY COOPERATION 
Every agency and department of state govern- 
ment is directed to cooperate with the Council 
by providing necessary information requested by 
the Council and to provide the Council on a 
timely basis departmental directives and proce- 
dures applied within the agency or department 
which affect the motor carrier industry. 

Section 6, EFFECTIVE DATE 

This Order shall be effective immediately and 
shall remain in effect as provided by N.C. Gen- 
era] Statutes 147-16.2. 



Done in the Capital City of Raleigh, 
Carolina, this 18th day of May, 1989. 



North 



NORTH CAROLINA REGISTER 



314 



PROPOSED RULES 



TITLE 10 - DEPARTMENT OF HUMAN 
RESOURCES 

ly otice is hereby given in accordance with G.S. 
1 SOB- 1 2 that the Division of Health Services in- 
tends to amend rule(s) cited as 10 NCAC IDA 
.1935, .1937 - .1942. .1944. .1946 - .1950. .1952 - 
.1958. .I960 - .1961. .1964; and repeal rule(s) 
cited as JO NCAC lOA .1936. 

1 he proposed effective date of this action is 
January I. J 990. 

1 he public hearings will be conducted: 

July 18. 1989 - 7:30 p.m. 

Public Assembly Building 

Brunswick County Government Complex 

Highway 17 South 

Bolhia. North Carolina 

July 19, 1989 - 1:30 p.m. 

Highway Building 

Auditorium (First Floor) 

1 South Wilmington Street 

Raleigh. North Carolina 

July 20, 1989 - 7:30 p.m. 

.4 dministration Building 

McDowell Technical Community College 

Exit 226, 1-40 

Marion, North Carolina 

K^omment Procedures: Any person may request 
information or copies of the proposed rules by 
writing or calling John P. Barkley, Agency Legal 
Specialist. Division of Health Senices. P.O. Box 
2091, Raleigh. North Carolina 2''602-2091, (919) 
733-3134. Written comments on these rule 
changes may be sent to Mr. Barkley at the above 
address. M'ritten and oral comments (no more 
than ten minutes for oral comments I on these rule 
changes may be presented at the public hearing. 
Notice should be given to Mr. Barkley at least 
three days prior to the public hearing if you desire 
to speak. A fiscal note is also a\ailable. 

CHAPTER 10 - HEALTH SERMCES: 
ENVIRONMENTAL HEALTH 

SLBCJL\PTER lOA - SANITATION 

SECTION .1900 - SEWAGE TREATMENT AND 
DISPOSAL SYSTEMS 

.1935 DEFINITIONS 

The following definitions shall apply through- 
out this Section: 



(6) "Areas subject to frequent flooding" means 
those areas inundated at a ten-year or less 
frequency and includes alluvial soils and 
areas subject to tidal or storm overwash. 

(7) "Collection sewer" means gravity flow 
pipelines, force mains, effluent supply lines, 
and appliances appurtenant thereto, used for 
conducting wastes from building drains to a 
treatment system and to a ground absorp- 
tion sewage treatment and disposal system. 

(8) "E)esignated wetland" means an area on 
the land surface established under the pro- 



visions of the Coastal Area Management 
Act or the Federal Clean Water Act. 
(9) "Design unit" means one or more dwelling 
units, places of business, or places of public 
assembly on a single lot or tract of land or 
on multiple adjoining lots or tracts of land 
under common or joint ownership to be 
served by a sanitary sewage system. 

(10)f ?4 "Dwelling unit" means any room or 
group of rooms located within a stnicture 
and forming a single, habitable unit with fa- 
cilities which are used or intended to be used 
for living, sleeping, bathing, toilet usage, 
cooking, and eating. 

(11)( ^ "Effluent" means the liquid discharge of 
a septic tank or other sewage treatment de- 
vice. 

(12) f9^ "Ground absoiption sewage treatment 
and disposal system" means a system that 
utilizes the soil for the subsurface disposal 
of partially treated or treated sewage effluent. 

(13) f4^ "Horizon" means a layer of soil, ap- 
proximately parallel to the surface, that has 
distinct characteristics produced by soil 
forming processes. 

(14) fj-H "Local health department" means any 
county, district, or other health department 
authorized to be organized under the Gen- 
eral Statutes of North Carolina. 

(15) "Mean high water mark" means, for 
coastal waters having six inches or more lu- 
nar tidal influence, the average height of the 
high water over a j_9 year period. 

(16) "Naturally occurring soil" means soil 
formed in place due to natural weathering 
processes and being unaltered by addition- 
filling, removal, or other man-induced 
changes other than tillage. 

(17) f4-34 "Nitrification field" means the area in 
which the nitrification lines are located. 

(18) (44^ "Nitrification lines" means approved 
pipe, specially designed p>orous blocks, or 
other approved materials which receive par- 
tially treated sewage effluent for distribution 
and absorption into the soil beneath the 
ground surface. 



315 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



(19) "Nitrification trench", also referred to as 
a sewage absorption trench, means a ditch 
into which a single nitrification line is laid 
and covered by soil. 

(20)(44) "Non-ground absorption sewage treat- 
ment system" means a facility for waste 
treatment designed not to discharge to the 
soil, land surface, or surface waters, includ- 
ing but not limited to, approved vault 
privies, incinerating toilets, mechanical toi- 
lets, composting toilets, chemical toilets, and 
recycling systems. 

(21)f l-^ "Organic soils" means those organic 
mucks and peats consisting of more than 20 
percent organic matter (b^ dr^ weight) and 
te deptho »f 18 inches or greater in thick- 
ness. 

(22) f-^6^ "Parent material" means the mineral 
matter that is in its present position through 
deposition by water, wind, gravity or by de- 
composition of rock and exposed at the land 
surface or overlain by soil or saprolite. 

(23) (44^ "Ped" means a unit of soil structure, 
such as an aggregate, crumb, prism, block, 
or granule formed by natural processes. 

(24) f4^ "Perched water table" means a satu- 
rated zone, generally above the natural water 
table, as identified by drainage mottles 
caused by a restrictive horizon. 

(25)f J4i "Person" means any individual, firm, 
association, organization, partnership, busi- 
ness trust, corporation, company, or unit of 
local government. 

(26)f J0^ "Place of business" means any store, 
warehouse, manufacturing establishment, 
place of amusement or recreation, service 
station, foodhandling establishment, or any 
other place where people work or are served. 

(27) f^H "Place of public assembly" means any 
fairground, auditorium, stadium, church, 
campground, theater, school, or any other 
place where people gather or congregate. 

(28) fJJ4 "Privy building" means and includes 
any and all buildings which are used for pri- 
vacy in the acts of urination and defecation 
which are constructed over pit privies and 
are not connected to a ground absorption 
sewage treatment and disposal system or a 
public or community sewage system. 

(29) "Public management entity" means a city 
(G.S. 160A, Article 16), county (G.S. r53A, 
Article 15), interlocal contract (G.S. 153A, 
Article 16), joint management agency (G.S. 
160A-461 -462), county service district (G.S. 
153A, /Vrticle 16), county water and sewer 
district (G.S. 162 A, Article 6), sanitary dis- 
trict (G.S. BOA, Article 2), water and sewer 
authority (G.S. t62A, Article I), metropol- 



itan water district (G.S. 162A, Article 4), 
metropolitan sewerage district (G.S. 162A, 
Article 5). public utility |G.S. 62-3(23)1. local 
or district health department (G.S. 130A, 
Article 2), or other public entity legally au- 
thorized to operate and maintain on-site 
sewage systems. 

(30)f 3^ "Relocation" means the displacement 
of a residence, place of business, or place of 
public assembly from one location to an- 
other. 

(3JQ(34) "Repair area" means an area, either in 
its natural state or which is capable of being 
modified, consistent with these Rules, which 
is reserved for the installation of additional 
nitrification fields and is not covered with 
structures or impervious materials. 

(32)f 3^ "Residence" means any home, hotel, 
motel, summer camp, labor work camp, 
mobile home, dwelling unit in a multiple- 
family structure, or any other place where 
people reside. 

(33)f 34^ "Restrictive horizon" means a soil ho- 
rizon that is capable of perching ground 
water or sewage effluent and that is brittle 
and strongly compacted or strongly ce- 
mented with iron, aluminum, silica, organic 
matter, or other compounds, capabl e ef 
porohing ground vvator m- sewage oflluont. 
Restrictive horizons may occur as fragipans, 
iron pans or organic pans, are recognized by 
their resistance in excavation or in using a 
soil auger, and are compacted soil or are ce- 
mented. 

(34) f3^ "Rock" means the consolidated or 
partially consolidated mineral matter or ag- 
gregate, including bedrock or weathered 
rock, not exhibiting the properties of soil 
and exposed at the land surface or overlain 
by soil or saprolite. 

(35)f 3^ "Sanitary system of sewage treatment 
and disposal" means a complete system of 
sewage collection, treatment and disposal, 
including approved privies, septic tank sys- 
tems, cormection to public or community 
sewage systems, incinerators, mechanical 
toilets, composting toilets, recycling toilets, 
mechanical aeration systems, or other such 
systems. 

(36) f^ "Saprolite" means thoroughly decom- 
posed earthy mineral matter, weathered in 
place from igneous or metamorphic rock 
and usually overlain by soil and exhibiting 
some properties of rock. 

fj^ "Soptago" moans a waste ttwt i* a fluid 
mixture ef^ partially tr e at e d sowago solids, 
liquids, a»4 sludge e# human er domestic 



NORTH CAROLINA REGISTER 



316 



PROPOSED RULES 



wast e origin pumpod from ooptio tanks, ree- 
iJontial groaoo traps, bf privies. 
(37) fJ->4 "Septic tank" means a water-tight, 
covered receptacle designed for primary 
treatment of sewage and constructed to: 

(a) receive the discharge of sewage from a 
building; 

(b) separate settleable and floating solids from 
the liquid; 

(c) digest organic matter by anaerobic bacte- 
rial action; 

(d) store digested solids through a period of 
detention; and 

(e) allow clarified liquids to discharge for ad- 
ditional treatment and final disposal. 

(38) (4^ "Septic tank system" means a subsur- 
face sanitary sewage system consisting of a 
Bottling septic tank and a subsurface disposal 
field. 

[39)(4^ "Sewage" means the liquid and solid 
human waste and liquid waste generated by 
water-using fixtures and appliances, includ- 
ing those associated with food handling. 
The term does not include industrial process 
wastewater or sewage that is combined with 
industrial process wastewater. 

(4Q) f44^ "Site" means the area in which the 
sewage treatment and disposal system is to 
be located and the area required to accom- 
modate repairs and replacement of 
nitrification field and permit proper func- 
tioning of the system. 

(41) f^ "Soil" means the naturally occurring, 
unconsolidated mineral and organic material 
of the land surface developed from rock or 
other parent material and consists of sand, 
silt, and clay-sized particles and variable 
amount of organic materials. Soil does not 
exhibit properties of rock or parent material. 
However, zones of transition in which soil 
characteristics predominate shall be consid- 
ered soil. 

(42) f^4^ "State" means the Department of Hu- 
man Resources, Division of Health Services. 

(43) (4?4 "Structur e ", as it- rolatoo te setir "Soil 
structure" means the arrangement of pri- 
mary soil particles into compound particles, 
peds, or clusters that are separated b\/ na- 
tural planes of weaknesses from adjoining 
aggregates. aft4 havo proportios unUlc e those 
ef aft equal mai i S »f unaggrogatt'd primar)' 
seil partioloo. 

(44) "Soil textural classes" means soil classi- 
fication based upon size distribution of 
mineral particles in the fine-earth fraction 
less than two millimeters in diameter. Ihe 
fine-earth fraction includes sand (2.0 -_ 0.05 
mm in size), silt (less than 0.05 mm - 0.002 



mm or greater in size), and clay (less than 
0.002 mm in size) particles. The specific 
textural classes are defmed as follows: 

(a) "Sand" means soil material that contains 
85 percent or more of sand; the percentage 
of silt plus 1.5 times the percentage of clay 
shall not exceed 15. 

(b) "Loamy sand" means soil material that 
contains at the upper limit 85 to 90 per- 
cent sand, and the percentage silt plus 1.5 
times the percentage of clay is not less 
than 15; at the lower limit it contains not 
less than 22 l2 M percent sand, and the 
percentage of sUt plus twice the percentage 
of clay does not exceed 30. 

(c) "Sandy loam" means soil material that 
contains either 20 percent clay or less, and 
the percentage of sUt plus twice the per- 
centage of clay exceeds 30, and contains 
52 percent or more sand; or less than 
seven percent clay, less than 50 percent 
silt, and between 43 and 52 percent sand. 

(d) "Loam" means soil material that contains 
seven to 27 percent clay, 28 to 50 percent 
silt, and less than 52 percent sand. 

(e) "Silt loam" means soil material that con- 
tains 50 percent or more silt and 12 to 17 
percent clay; or contains 50 to 80 percent 
silt and less than 12 percent clay. 

(f) "Silt" means soil material that contains 80 
percent or more silt and less than 12 per- 
cent clay. 

(g) "Sandy clay loam" means soil material 
that contains 20 to 3_5 percent clay, less 
than 28 percent sUt, and 45 percent or 
more sand. 

(h) "Clay loam" means soil material that 
contains 27 to 40 percent clay and 20 to 
45 percent sand, 
(i) "SUty clay loam" means soil material that 
contains 27 to 40 percent clay and less 
than 20 percent sand. 
(i) "Sandy clay" means soil material that 
contains 35 percent or more clay and 45 
percent or more sand, 
(k) "Silty clay" means soil material that con- 
tains 40 percent or more clay and 40 per- 
cent or more silt. 
(1) "Clay" means soil material that contains 
40 percent or more clay, less than 45 per- 
cent sand, and less than 40 percent silt. 
(45) "Stream" means a natural or manmade 
channel in which water flows most of the 
year. 
(46) (4^ "Subsurface disposal" means the ap- 
plication of sewage effluent beneath the sur- 
face of the ground by distribution through 
approved nitrification lines. 



317 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



Statutory Authority G.S. 1 30 A- 335(e). 

.1936 REQUIREMENTS FOR SEWAGE 
TREATMENT AND DISPOSAL 
(REPEALED) 

Statutory Authority G.S. l30A-335(e). 

.1937 PERMITS 

(a) An Improvement Permit shaU be required 
before a ground absorption or a nonground ab- 
sorption sewage treatment and disposal system is 
initially installed to serve a residence, place of 
business, or place of public assembly and before 
subsequent additions thereto which increase 
sewage flow as determined by Rule .1949 of this 
Section and before any repairs or renovations to 
a sewage treatment and disposal system. 

(b) No person shall construct, install, repair, 
or renovate, or cause to be constructed, installed, 
repaired, or renovated any ground absorption 
sewage treatment and disposal system without 
first having obtained an Improvements Permit 
from the local health department. The local 
health department shall issue an Improvements 
Permit only after it has determined that the sys- 
tem is designed and can be installed so as to meet 
the provisions of these Rules. An Improvements 
Penmit shall be valid for ^ 60 months from the 
date of issue. If the installation has not been 
completed during that time period, the informa- 
tion submitted in the application for an Im- 
provements Permit is falsified or changed, or the 
site is altered, the permit shall become invalid. 
When an Improvements Permit has become in- 
valid, the installation shall not be commenced or 
completed until a new Improvements Permit has 
been obtained. 

(c) Application for an Improvements Permit 
shall be submitted to the local health department. 
The application shall contain at least the follow- 
ing information: name of owner, mailing ad- 
dress, location of property, plat of property (if 
not readily available to local health department), 
type of facility, estimated sewage flow based on 
number of bedrooms or number of persons 
served, type of water supply, and signature of 
owner or authorized agent. 

(d) Application fof Prior to the issuance of an 
Improvement Permit for a ground aboorption 
GO' i ' i ago treatment aft4 dispo( . al sanitary sewage 
system to serve a condominium or other multi- 
ple- fainily ownership development where the 
system will be under common or joint control, 
shall h^ made by submitting a properly executed 
agreement (tri-party) among the local health de- 
partment, developer, and a non-profit, incorpo- 



rated owners homoownors association shall be 
submitted to the local health department and 
filed with the local register of deeds, which ad- 
droooos The tri-party agreement shall address 
ownership, transfer of ownership, maintenance, 
repairs, operation, wi4 performa fte^v and the 
necessary funds for the continued performance 
of the sanitary sewage system, including col- 
lection, treatment, disposal, and other 
appurtenances. 

(e) No residence, place of business, or place of 
public assembly shall be occupied nor shall any 
sanitary sewage system be covered or placed into 
use until the local health department fmds that 
the system is in compliance with Article 1 1 of 
G.S. Chapter 130A, these Rules, and all condi- 
tions prescribed by the Improvements Permit, 
and issues a Certificate of Completion or an Op- 
eration Permit. The Operation Permit shall be 
' I 'tJid ae long as the sanitary oo' i ' i 'ago system is m 
oompliono e witk j\rtiolo 44 ef Gr^ Chapter 
130A, these rules, and e^ conditions imposed by 
th« Operation Permit, renewed at the frequency 
specified in Table V. Prior to permit renewal, 
the local health department shall \erify that the 
sanitary sewage system remains in compliance 
with Article II of G.S. Chapter 130 A, these rules 
and all conditions imposed by the Operation 
Permit. 

(f) Upon determining that an existing sanitary 
sewage system has a valid Operation Permit or a 
valid Certificate of Completion and is operating 
satisfactorily in a mobUe home park, the local 
health department shall issue a written authori- 
zation for a mobile home to be connected to the 
existing system and to be occupied. 

(g) Any person other than th« own e r ef con 
troUor ef a r e sid e nc e , plac e ef busin e ss, &f place 
ef public assembly, who engages in the business 
of constructing, installing, or repairing sanitary 
sewage treatment aft4 disposal systems &f tfee 
coll e ction, hauling, and disposal ef s e ptag e from 
septic tonics shall register with the local health 
department in each county where he operates 
before constructing, installing, or repairing sani- 
tary sewage tr e atm e nt aft4 disposal systems, ©f 
collecting afi4 disposing »f septage from septic 
tanl(s. 

(h) Systems which exceed 3,000 gallons per day 
and other systems which are required to be de- 
signed by a professional engineer shall be rein- 
spected annually. 

(i} The local health department shall prepare a 
written report with reference to the site or soil 
conditions required to be evaluated pursuant to 
this Section. When a permit is denied, the report 
shall be provided to the applicant and shall in- 
cludc information on modifications or altema- 



NORTH CAROLINA REGISTER 



318 



PROPOSED RULES 



tives available and the mechanism and required 
timeframes for appealing the decision in accord- 
ance with G.S. 15QB. The report shall be signed 
and dated by the local (authorized) sanitarian. 

Statutory Authority G.S. 1 30 A- 335(e). 

.1938 RESPONSIBILITIES 

(b) Actions of representatives of state or local 
health departments engaged in the evaluation and 
determination of measures required to effect 
compUance with the provisions of this Section 
shall in no way be taken as a guarantee or war- 
ranty that sewage treatment and disposal systems 
approved and permitted will function in a satis- 
factory manner for any given period of time. »f 
tl*at- such omployooij aooumo aity liability fop 
domagoB, concoquontiol ef direct, which are 
caus e d, Bf wiiich mey be oauood, by » malfunc 
tf»ft si ouch cyQtumo. Due to the development 
of clogging mats which adversely impact the life 
expectancy of normallv functioning ground ab- 
sorption sewage treatment and disposal systems 
and variables influencing system function which 
are beyond the scope of these rules, no guarantee 
or warranty is implied or given that a sewage 
treatment and disposal system will function in a 
satisfactory manner for any specific period of 
tmie. 

(c) Plans and specifications prepared by a per- 
son with a demonstrated knowledge of ground 
absorption sanitary sewage collection, treatment, 
and disposal systems, soil and rock character- 
istics, ground-water hydrology, and drainage sys- 
tems may be required for review and approval 
by the local health department ^i i horo the dosign 

C^iii^a^^ T 1 j-A 1 1 f ^^i^^^^^jl^ f\.i\t\ 1 1 r~i\\ t^ t-i c ^^^j- il^^i Qrifi CriQil 

be required for alternative systems not specifically 
described in this Section, aft4 extensive drainage 
systems ser\'ing two or more lots, and for sanitary 
sewage systems designed to handle 3,000 gallons 
per day or less, which include separate 
nitrification fields with individual capacities of 
greater than 1500 gallons per day, as determined 
in Rule .1949(a) or (bj of this Section, prior to 
the issuance of an Improvement Permit. 

(d) Sowago treat mont c*h4 disposal syst e ms net 
spocificaUy described m Ae rul e s ef A** Section 
Bf afty systems which require complex pumping, 

I i vuii I iviii , u I I.' 1 V II \,Ti III IV.' Ill \y\j i\JW/ u I \y\ ^-TuixTj (jii ivt 

than by a conventional septic tanlc, collection 
sewers, structures which hav e »»*■ been pfe- 
ongineered, aft4 any oth e r syst e ms se sp e cifi e d 
by the local h e alth d e partm e nt shall be design e d 
by a professional e ngineer currently lic ie nsed by 
the State »f North Carolina aft4 appros'ed by the 
local health department. Application rat e s fof 
such syst e ms shall be m accordance witk tki« 



Section unl e o s other ratos are oortifiod acooptablo 
by th« profoooionol onginoor er by a 6e4 sciontiot 
aH4 approved by tb« looal h e alth doportmont. 
Piano a»4 opocifioations for §uek systomo, i»- 
oluding mothodo »i operation aH4 maintonanoo, 
Dholl be approved prior V» issuance ef an bn- 
provomonts P e rmit, aH4 t^ Certificato ^i Com 
ntfitinn r.hnll nnt bA ir.r.iicifi until iIja ^acuxxl 
onginoor o e rtiftos t» tbe looal health d e partment 
(4tal tb« system wa« installed m acoordanoo wttk 
th« approved piano aft4 speoifioationo. Any san- 
itary sewage system which meets one or more of 
the following conditions shall be designed by a 
professional engineer currently licensed to prac- 
tice in the state of North Carolma: 

(1) The system is designed to handle over 
3,000 gallons per day, as determined in 
Rule .1949(a) or (b] of this Section, ex- 
cept where the system is limited to an in- 
dividual septic tank system serving an 
individual dwelling unit or several indi- 
vidual septic tank systems, each serving 



L21 



(31 



(41 



an individual dwelling unit. 
The system requires pretreatment before 
disposal other than by a conventional 
septic tank. 

The system requires use of sewage pumps 
prior to the septic tank or other pretreat- 
ment system, except for systems subject 
to the North Carolina Plumbing Code. 
The system requires use of more than one 
pump or siphon. 
The system includes collection sewers 



15) The 



which serve two or more buildings. 
The system includes structures which have 
not been pre-engineered. 
Any other system so specified by the local 
health department. 
state shall review and approve plans and 



(61 

121 

The 

specifications for all systems serving a design unit 
with a design flow greater than 3,000 gallons per 
day which are required to be designed by a pro- 
fessional engineer and any other system so speci- 
fied by the local health department. An 
improvement permit shall not be issued unless 
the plans and specifications, including methods 
of operation and maintenance, are approved by 
the state. Prior to issuance of the operation 
permit, the owner shall submit to the local health 
department a statement signed by a registered 
professional engineer stating that construction is 
complete and in accordance with approved plans 
and specifications and approved modifications. 
Periodic observations of construction and a fmal 
inspection for design compliance by the certifying 
registered professional engineer or his represen- 
tative shall be required for this statement. The 



519 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



statement shall be affixed with the professional 
engineer's seal. 

(e) Plans and specifications required to be pre- 
pared by a professional engineer shall contain all 
necessary information for construction of the 
system in accordance with applicable rules and 
laws and shall include at least one or more of the 



(2) a site plan 

showing aU system 



following, as determined to be applicable by the 

local or state health department 

(1) the engineer's seal, signature, and the date 
on all plans and the first sheet of specifi- 
cations^ 

based on a surveyed plat 
components, public 
water supply sources within 500 feet, pri- 
vate water supplies and surface water 
supplies within 200 feet, water lines serv- 
ing the project and v/ithin ten feet of all 
components, building foundations, base- 
ments, property lines, embankments or 
cuts of two feet or more in vertical height, 
swimming pools, storm sewers, 
interceptor drains, surface drainage 



ditches, and adjacent nitrification fields; 

(3) specifications describing all materials to 
be used, methods of construction, and 
means for assuring the quality and integ- 
rity of the fmished product, and the oper- 
ation and maintenance procedures to be 
included in the specifications shall address 
requirements for the system operator, in- 
spection schedules, residuals management 
provisions, process and performance 
monitoring schedules, and provisions for 
maintaining mechanical components and 
nitrification field vegetative cover; 

(4) for collection sewers, force mains and 
supply Uncs, plan and profde drawings. 



showing 
cleanout 



£51 



(61 



pipe 
and 



diameter, 
manhole 



depth of 
locations, 



cover, 
invert 



and ground surface elevations, valves and 
appurtenances, proximity to utilities in 
natural features such as wells, water fines, 
storm drains, surface waters, roads, and 
other trafficked areas; 



moval system, activation levels for pumps 
or siphons and high-water alarm, and 
electrical connection details; 



(7) for wastewater treatment plants and other 
pretreatment systems, plan and profile 
drawings and cross-section views for all 
relevant system components, and for 
non-standard systems, also provide data 
and contact lists for comparable facilities; 
date (8) for nitrification field and repair area, plans 

showing the following: 

(A) field locations with existing and fmal 
relative contour lines based on field 
measurements at intervals not exceeding 
two feet or spot elevations if field areas are 
essentially flat or of uniform grade; 

(B) field layout, pipe sizes, length, spacing, 
connection and cleanout details, invert el- 
evations of flow distribution devices and 
laterals, valves, and appurtenances; 

(C) trench plan and profile drawings and 
flow distribution device details; 

(D) location and design of associated sur- 
face and groundwater drainage systems; 
and 

(9) any other information required by the lo- 
cal or state health department. 
(f) For systems permitted after January 1, 1990, 
the entire sanitary sewage system shall be owned 
or controlled and operated by a person legally 
authorized to own or control and operate a sys- 
tem. Unrestrictive easements shall be obtained 
permitting the use and unlimited access for in- 
spection and maintenance of aU portions of this 
system to which the owner and operator do not 
hold clear title. Easements shall remain valid as 
lone 



as the system is operational and shall be re- 
corded with the county register of deeds. 

opooifi cations f&f emy oonitory cowago oyotom 
whoro th« dooign oowago flew oKooodo 3000 ga^ 
lefw per Aay^ e xcept whore \i*& oonitary oowago 
oyotom i« limited te em individual eoptio tank 
syotom Gor^'ing aft individual dwelling u«rt »f b»- 
voTol individual ooptio tank oyotomo e ach oorving 
aft individual dwolling unit. 



for all tankage, plans showing capacity, 
invert and ground elevations, access 

manholes, inlet and outlet detail, and for Statutory Authority G.S. l30A-335(e). 
built-in-place or nonstate-approved, pre- 

.1939 SITE EVALUATION 
(a) The local health department shall investi- 
gate each proposed site. The investigation shall 
include the evaluation of the following factors: 

(1) topography and landscape position; 

(2) soil characteristics (morphology); which 
inoludoo t e xtur e , otructuro, porosity, 
consiotonc e , color, aH4 oth e r physical, 
mineral, aft4 biological prop e rti e s ef va«- 



cast tanks, also show dimensions, re- 
inforcement details, liquid depth, and 
other pertinent construction features; 
for lift stations and effluent dosing tanks, 
calculations for pump or siphon sizing, 
plan and profile drawings additionally 
showing anti-buoyancy provisions, pump 
or siphon locations, discharge piping, 
valves, vents, pump controls, pump re- 



NORTH CAROLINA REGISTER 



320 



PROPOSED RULES 



et» horii'.onr . , aft4 Ae thiclcnooo aR4 af- 
rangomont ef tiie homons m-a &e4 proTilo; 

extomal (! . urfuc e ) aft4 intomol (soil); 

(4) soil depth; 

(5) restrictive horizons; and 

(6) available space. 

(b) Soil profiles shall be evaluated at the site 
by borings or other means of excavation to at 
least 48 inches or to an LiNSUIl ABLE charac- 



teristic and a detennination shall be made as to 
the suitability of the soil to treat and absorb 
septic tank cflluent. Applicants may be required 
to di2 pits when necessary for proper evaluation 
of the soil at the site. 

(c) ft4 Site evaluations shall be made in ac- 
cordance with Rules .1940 through .1948 of this 
Section. Based on this evaluation, each of the 
factors listed in Paragraph (a) of this Rule shall 
be classified as SUITABLE (S), PROVI- 
SIONALLY SUITABLE (PS), or UNSUIT- 
ABLE (U). 

Statutory Authority G.S. 130A-335(e). 

.1940 TOPOGRAPHY .\ND LANDSC.\PE 
POSITION 

(a) Uniform slopes under 15 percent shall be 
considered Sl'ITABLE with respect to topogra- 
phy. When filopus stf% 1<«* than i poroont. pro 
vi 'i ions shall l*e mudo te in euro adi ' quat t* ourtaco 
drainaLio. WTiL'n uloptia ^ts% gr e at e r than fo«f 
porccnt . the nitnfication linco ' . . hall follow t4*# 
contour ef tfee ground. 

(b) Uniform slopes between 1 5 percent and 30 
percent shaU be considered PROVISIONALLY 
Sl'ITABLE with respect to topography, if A# 
t i OiK' i afe dc'op (44 uiohco Bf more). Slopoo withm 
tfet* range may require inr . tallation ef interceptor 
drainr . up j. lopc from t+w ?»4 absorption oyotom 
te- remose aii e xce -. s V i ator th*t- might b* mo' i ing 
laterally througli tth* &t»ii during wet- periods ©f 
ttue year. L ' ^ . able areao larger than minimum afe 
ordinarily requir e d m this slop e range. 

(c) Slopes greater than 30 percent shall be 
considered L'NSL'ITABLE as to topography. 
except ' ■ ' ■ hen a thorough study ef ti**» s©ii char 
acteri ' jtico indicates ti*at- a stni absorption syst e m 
v4i4 function satisfactorily aft4 sufficient ground 
afea i* available te- properly install such a system. 
Slopes ereatcr than 30 percent may be classifi e d 
reclassified as PROVISIONALLY SUITABLE 
after an investigation indicates that a modified 
SNstcm ma\' be installed in accordance uith Rule 
. U)56 of this Secuon; however, slopes CTcatcr 



(4-) -Ft*** slop e 6a» b» torracod ef othonvioo 
gradod »f ti«» nitrification foieft located m 
naturally occurring seit se as te maintain 
a minimum 10 foot horigontal distance 
from tk« nitrification tronch an^ tk# te^ 
edge ef t^ ftU ombanlanent; 

f2) ^fte se4 oharaotoriotico 6a» fee clascifiod as 
Suitable ef Provisionally Suitable te a 

ni>nt n a£ at iAa^JL ^\v\i^ font K...ir->.i ■ ♦l-i ^i t-u-v* 

t»f» ef tii© nitrification tr e nch; 
{m Surfaoo wat e r runoff \% diverted around t^ 
nitrification &44 se t^^at thoro wiU be He 
Boouring ©f orooion ef the se*i »¥eF the 

(4) tf nocoosary, ground water flew is inter 
ceptod eii¥^ di' . erted t» prcont such water 
from running iftt© ©f saturating the eeit 
absorption system; aft4 

^^^A JJ^^^C^ ^c ^^^i^^^^^j^t j-l-T-i-i 1 > «-i j^ ■->■-.->■-■ <-»Tri-««lt-»l-t1f-t 4 j-v 

install tfee septic tanlc system with these 
modifications. 

(d) Complex slope patterns and slopes dis- 
sected by guUies and ravines shall be considered 
Unsuitable with respect to topography. 

fe^ iVrcxis subject t© frequent flooding shall be 
considorod Unsuitabl e "wtfe respect te land ' ^icap e 
position. 

(e) (f^ Depressions shall be considered Unsuit- 
able with respect to landscape position except 
v\hen the site complies essentially with the re- 
quirements of this Section and is specifically ap- 
proved by the local health department. 

(li fg) The surface area on or around a ground 
absorption sewage treatment and disposal system 
shall be landscaped to provide adequate drainage 
if directed by the local health department. The 
interception of perched or lateral ground-water 
movement shall be provided where necessary to 
prevent soU saturation on or around the ground 
absorption sewage treatment and disposal sys- 
tem. 

(g) A designated wetland shall be considered 
UNSUITABLE with respect to landscape posi- 
tion. 



than 65 percent shall not be reclassified as PRO- 
VISIONAI 1 Y SUITABLE. v4w«- 



Statutory Authority G.S. /30A-335(eJ. 

.1941 SOIL CHARACTERISTICS 
(MORPHOLOGY) 

«se4 fof setl absorption systems. Such borings 
shall be tak e n t© a depth ©f 4* inches »f as fe- 
quired te- detenmne the s»tl characteristics. S€4l 
bonngs aft4 e©fe samples shaU be e v aluated afi4 
a determination made as t© the suitability »f the 
seil te- tfeat aft4 absorb tx'ptic tafth effluent, f he 
important soil characteristics which shall be 



321 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



evaluated by the local health department are as 

follows: 

(1) Texture. The relative amounts pro- 
portions of tt*» different siz e s ef sand, silt, 
and clay sized mineral particles in the 
fine-earth fraction of the » soil are referred 
to as soil texture. AJA seik af» oompoood 

includeo intormodiato oiaod particleo tbat 

feek like flour whon proosod botwoon tke 

^^^TC^^^^7 r^T^^^ ^TT^^^D TTTTTT US 151J-.VT| CST^b 

t6 tbe minorol particl e ^r^s^ gi^'oo oohooion 

* j-i. ri ^^^J /^^^^ u^^^a ^^^^^^x i3^ja^ ^n £^^^^^ Trif* 

texture of the different horizons of soils 
f»ay shall be classified into four general 
groups and 12 soil textural classes based 
upon the relative proportions of sand, silt, 
and clay sized mineral particles. afi4 oholl 
be us e d (ef dotormini ftg tke application 
ratoo ohoss'n i» Tables U aH4 144? 
(A}(e^ SOIL GROUP I - SANDY TEX- 
TURE SOILS. Seii'Gfe»p h Saft4y 

Bond oiiiod partioloo i» tke §eii mass. 
Those seik de ne^ hav e enough e^ t» 
be coh e siv e . Sandy 6»ik have favorable 
sewage application rates, bu^ f«ay have a 
lew filtoring capacity loading te malfunc 
t4e» d^ie te contamination ef ground wa- 
tefr The sandy group includes the sand 
and loamy sand soil textural classes and 
shall gonorally be considered SUITABLE 
with respect to texture. 

^^^^^n T^T^ ^^Ti^^T^^ ci^^^ ^^^^^^ rr^^T i^^n^T cc 

ribbon ©f bali whon wet »f moist. 
(») Loamy Sand. Loamy sand hae ft 

clay), forms » w e ak ba)^ m)4 cannot be 

handled without broaldng. 
(B) fb) SOIL GROUP II - COARSE 
LOAMY TEXTURE SOILS. Seii 
Group ^ Coarse loamy t e xtur e seile 
contain moro tbaft ^ poroont sand oiaod 
particles aftd less than 3© p e rcent clay 

hibit slight ef He sticlcinooo. The coarse 
loamy group includes sandy loam and 
loam soil textural classes and shall gonor 
aUy be considered SUITABLE with re- 
spect to texture. 

^^^L J^^U^^^^U ^^^^^^^^^^ ^^^^^^^^^^ ^^^^^^a l^^^n ^t rt^^^^^^ 

\^j ^TC^n^^T V^^^P^^^^ ^^l^T^^T T^^CC^^T TTCrO CK C^TTT^r 

r^^^l ^^^^\ ^^w^T^^ n ^^^\\ \j^a^ f^^^n 1^^ ^i^^^^^i 

it VI ui i\j ivf 1 II lu Cc t.nxu TTK^r CC^^ ^^P ^^^^^^^ff 

u^ wt^ (be fmgers and handled witk 
safe without brealdng. 



(tt) Loom. Loam may have a olightly 
fingerprint a»4 forms esiy short nb- 

^^^k^^a ^£ ^Q^^nn ^^^^^t ^^^t^^ ^^L ^^^^^J ■■•fci-^Vt . j% 

^^0m ^^T ^^^yTTT ^^^^^T BTdT ^TT ^^^^^y B^W tSz 

^^■^rt^J^^ ^^^^^^m& ^ui^l XA^SSA A X^^^U U^^^t ^^^^x 
tP^HST^^. ^^^^V^RT ^^TIT ^^^^T^T W ^^QT T^W^C CC9T 

^^^ ^^^^^^^^^^J ^y^^^^^^^i ^^2^^^^^^^^^> 
^^P RC^^^B^^^V ^^^n^^^^^^T ^^^^^BX^BTV? 

(C) (e) SOIL GROUP III - FINE 
LOAMY TEXTURE SOILS." Seil 

tai» less than 44 p e rcent olay sieod parti 

t?M90 CCTRT rlTJT ITWyH? TTItSIT I?TT PWriMP^lT 

oand sized partioloo i» a m^ moos. Thoy 
e xhibit slight te modorato sticltinoos. The 
fine loamy group includes sUt^ silt loam, 
sandy clay loam, sil* loam, clay loam, and 
silty clay loam textural classes and shall 
generally be considered PROVI- 
SIONALLY SUITABLE with respect to 
texture. 

w'hon moist a»4 wiil show a fingerprint 

^^^^T ^^^HT ^^^^T ^^^^^^^^^^T C^^^CF ^^^^^^^^W ^^^^^^^ Cs 
^^^^J ^^^jj^^j ^yl^^^i ^^^^i ^^^^* ^^^^1 j^^^^ ^^^^^^^^^ 

^^^^^x ^^^^^^^^^ ^^^^^^^^* ^^^^^t ^^^^T ^^^nr ^^^^^ ^^^^^^^^^^T 

I^^^A ^^^^«^^ & l^^^U ^^^^4 ^^^^1 ^^^^^J-^^^Q ^^^JT^yi 

C^^^^T ^^^^^^^^D ^K ^^C^^T ^^^^^X ^^^!^B ^^^^^^^^^^^v ^^^^^^^^7 

handling. 
(«*) Sandy Clay Loam. Sandy elay loam 
has a gritty feel bet oontaino enough 

^^^^^^ t^i ^^^^ggr^ ^i ^^^^n^ l^^^^T ^^^^^i ftl^^^^^ ^^l^^^^^u^ 

Irt^^^r ^ry ^T^^^^TT Cx K^T^^ff ^TC^^x C^^^^X r^^S^^r n^^^^^^^^r 

te form 0.75 inch te one inch ie»g 

^^^^i ^^^^^^ ^^^^^^i ^^^^^^Q^^ ^^^^^U ^^^^^i ^^^^^o^ ^c 

^^^^T ^^^^^^j ^^^K^^r ^^^^TC^^^^T ^^^^^^^ ^^rc^^r ^^^^^^^T ^W 

^^^^^^^^^ ^^^^^^^^1 «^^^^^^^ i^^^^i ^U^^^ r*^^^^^^^^^ ^^^^^3^ 

^^^^^^^^^ ^^^^^^^^r ^^^^^^^^T CZ^^^s ^^^^CT ^^^^^^^^^^X t^^^^^^T 

efte (e twe inches. Rubbing wity eiay 
loam witb (be thumbnail produoos a 
modorato ohoon. Silty elay loom 
produoos a distinct fingerprint. 

moist. Clay loam forms a (bi» ribbon 

^^r ^^RV t^T ^^^^^ ^R^^^^^W ^R ^P^T^^^T O^^^S 

produces a slight ohoon whon rubbed 
¥i4tb (be thumbnail. Qay loam 
produces a non distinct fmg e rprint. 

(D) (4^ SOIL GROUP IV - CLAYEY 
TEXTURE SOILS. Sed "Group tV? 
Clayoy texture seils contain 44 p e rc e nt e* 
moro clay siz e d partiolos aH4 include 

^^^^^^^^ ^^^^^^ ^^^^^^ ^^^^^t ^^^^1 6S^^^^^ ^LijI^fiUaA ACA 
^W^^^^^^^ ^^K^^^T ^^^^^j ^^rc^^^j CC^^^X ^^K^^^T T^^^^^^^^ C^^^7 

(Kaolinito) which 4e Bet ohrinlt er swell 
oxtonsivoly whon dried ef w e tted; a«4 (be 
3r4- clays (Montmorillonite) including 
mixed mineral ogf' clays, witfe both 
Kaolinit e and Montmorillonite, (bat v¥tU 
shrml< a»4 owoll wh e n dried a»4 wotted. 

te sticky; whon moist, are friabl e te fum; 



NORTH CAROLINA REGISTER 



322 



PROPOSED RULES 



LU lU 'T inJl I Ul T ) (EI U ~\ I ^I HTT nc^^^v ^^T n^^^^^ 

¥b« +7+ clays ((iroup IVa) shall gonorally 
be oonoidorod Provif . ionally Suitabl e as (# 
toxture. 44m» 3t4- aH4 miKed mineralogy 

plaotio; af^ ^'hon moiot, thooo clayo a^e 

ftfe very hard te OKtromoly hard. ^Hte dt4- 
aA4 mix e d minoralogi/ clays (Group IVb) 
shall be oonsidored Unsuitable ae t» te^ 
turo. The clayey group includes sandy 
clay, silty clay, and clay textural classes 
and shall be considered PROVI- 
SIONALLY SUITABLE with respect to 
texture. 

(i) Sandy Clay. Sandy elay is plastic, 
gritty, aH4 sticky when moiot aB4 forms 
» iiff» bail emd produooo a tbin ribbon 
te over twe inchoD ift length. 

r> «-^ r^ j-t«.-^l.'ir ^^l^^i^i Q^^^^^A <-f\ /•! ^^^^^^ Q^^^ 
R^^^T ^^^^^K^^ ^tT^^^i T^^^^T^T R^^^ TCH^raW H^IT 

gritty fooling. Silty elay forms a fin» 
ball a»4 readily ribbons (e e¥eF tw» 
inch e s ift l e ngth. 
fi») Clay. Clay n both sticky aft4 plastic 
whon moist, produc e s a tfetft ribbon 
ovor twe inchoo m longth, produooo a 

thumbnail, an4 forms a strong baU Fe- 
sistant te broaldng. 
(E) (e) The soil texture textural class shall 
be e stimated by determined in the field 
tooting, as doocribod ift Rule .1911(1) »( 
tbie Suction, by hand texturing samples 
of each soil horizon in the soil profile us- 
ing the following criteria: 
(i) Sand: Sand has a gritty feel, does not 
stain the fmgers, and does not form a 
ribbon or ball when wet or moist, 
(ii) Ix)amy Sand: lx)amy sand has a 
gritty feel, stains the fmgers (silt and 
clay), forms a weak ball, and cannot be 
handled without breaking, 
(iii) Sandy loam: Sandy loam has a 
gritty feel and forms a ball that can be 
picked up with the fmgers and handled 
with care without breaking, 
(iv) Ixiam: 1 oam may have a slightly 
gritty feel but does not show a 
fingerprint and forms only short rib- 
bons of from 0.25 inch to 0.50 inch in 
length. I oam will form a bail that can 
be handled without breaking, 
(v) Silt Loam: Silt loam has a floury feel 
when moist and will show a fingerprint 
but will not nbbon and forms only a 
weak ball. 



(vi) Silt: Silt has a floury feel when moist 
and sticky when wet but will not ribbon 
and forms a ball that will tolerate some 
handling. 

(vii) Sandy Clay Loam: Sandy clay loam 
has a gritty feel but contains enough 
clay to form a firm ball and may ribbon 
to form 0.75-inch to one-inch long 



pieces, 
(viii) Silty Clay Loam: Silty clay loam 
is sticky when moist and will ribbon 
from one to two inches. Rubbing silty 
clay loam with the thumbnail produces 
a moderate sheen. Silty clay loam 



produces a distinct fingerprint. 

(ix) Clay Loam: Clay loam is sticky 
when moist. Clay loam forms a thin 
ribbon of one to two inches in length 
cmd produces a slight sheen when 
rubbed with the thumbnail. Clay loam 
produces a nondistinct fmgerprint. 

(x) Sandy Clay: Sandy clay is plastic, 
gritty, and sticky w hen moist and forms 
a firm ball and produces a thin ribbon 
to over two inches in length. 

(xi) SUty Clay: Silty clay is both plastic 
and sticky when moist and lacks any 
gritty feeling. Silty clay forms a firm 



ball and readily ribbons to over two 
inches in length, 
(xii) Clay: Clay is both sticky and plastic 
when moist, produces a thin ribbon 
over two inches in length, produces a 
high sheen when rubbed with the 
thumbnail, and forms a strong ball re- 
sistant to breaking. 
(F) Laboratory estimation determination 
of t e xtur e the soil textural class as defmed 
in these rules by particle-size analysis of 
the fine-earth fraction (less than 2.0 mm 
in size) using the sand, silt, and clay par- 
ticle sizes as defined in these rules may be 
substituted for field testing when con- 
ducted in accordance with ASTM (Amer- 
ican Society for Testing and Materials) 
C 136 aft4 D-422 otandardo procedures for 
sieve and hydrometer analyses which are 
hereby adopted by reference in accordance 
with G.S. 150B- 14(c). For fine loamy 
and clayey soils (Groups 111 and IV), the 
dispersion time shall be increased to 12 
hours. Copies »f the standards may be 
inspected in and copies obtained from the 
Office ef Administrati' i e Procoduros, De- 
partment of Human Resources, Division 
of Health Services, P. O. Box 2091, 
Raleigh, North Carolina 27602-2091. 



323 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



(3) Seii Conoiotonoe. Seii conoiotonoo com 
pris e s Ute attributeo »f seii material, typi 

OttT^^r CtTI^^ ^^Tt^F R^^T v^C^^^^^j^v^ ^"^ J **'*' ^T^^B^vV 

aH4 ki«4 b4^ oohecion aH4 adhooion ef by 
(be rooiotunoo te deformQti «» er rupturo. 
(a^ Seil ConoiGtonoo W^on Wot. 

(4) StiolunosG. Stickinooo i« (be quality 
ef adhooion te other obj e oto. Pef fiel4 
evaluation ef Dticlanooo, wet set^ mat e 

^^^^1 ^t ^^jr^^^^^^^^ l^^^^^^^^^^^^ ^l^^^jj^^^ ^^^^^ ^^•^^^^^^ 
fItXT IW tyj^^BFB^WT W^^^^^^^O^T ^^^^^^^^^T S^TCT ^^REvT 

a»4 ite adhoronoe not e d. Dogrooo ef 
Dtickinoso afe doDoribod as foUo^vo: 
fA^ Slightly oticky. i\fter prosoure, seit 
material adh e r e s te both thumb a»4 

rathor cleanly, it is ft»4- approciably 
otrotohod when (ke digits are oopa 
rat e d. 
fft) Sticky. i\ftor prooouro, seii mate 

^TCn Cf^^r^^W^^CT T^T ^^^TTT III UI 1 11^ UIIU rTTT^vr 

a»4 tondo i» stretch somewhat wt4 
puU- apart rather than pulling ifee 

TT^^TTT I- III I VI UI^IfT 

(G^ Very oticky. After prooouro, eeil 

material adher e s strongly t^ both 

thumb 81*4 ring e r aft4 ie dooidodly 

otrotchod when thoy afe s e parat e d. 

(4i) Plasticity. Plasticity \% the abiUty t» 

change shape continuouoly under the 

taift the improoood shap e tM* removal ef 
the otrooo. I^ef 6el4 dotermination ef 
plasticity, jett t4*e 6e4 material botvvoon 
thumb aft4 finger a»4 obsep i 'o wh e ther 

form e d. Dogroo »f rooistonco t» defer 
mation at ef slightly above fiel4 capao 
ity as follows: 

sett mass easily deformablo. 
(ft) Plastic. Wire formablo aft4 mod 
erate prosour e r e quired fe* deforma - 

(G) Very plastic. Wire formablo and 

much prossuro required fof deforma - 

tie» ef the seii mass. 

(fe) Seii Conoiotonce When Moiot. 

Consistenc e wh e n moist is d e termined at 

a moistur e content approximat e ly midway 

\j\j I T? \j\.'i I uu ui T uinj I iviu ^^rrn^PTTT^ r \t iit^^ 

moisture content moot seil materials e*- 
hibit a form ©f conoiotonce charactoriaod 

rather than iftt» powder; oomo deforma 
tie» prior te- rupturo; abooneo ef 

disturbonoQ te coh e r e again when pross e d 
together. ¥e e valuat e this consiotenco, 



mass that appoaro slightly moist. 
(i) Friable. Set! mat e rial orushoo e asily 
under gontio te moderate prossuro be- 

whoa prooood togothor. 
(tt) Firm. Sett material oruohos under 
moderate pr e ssure between thumb an4 
finger but rooistanoo is distinctly notice 

{m^ Very firm. Seit material cruoheo «»- 
der strong pr e ssure; bar e ly crushablo 
botwoon thumb and fmgor. 

(iv) Extremely firm. Seii material 

cannot be crushed botwoon thumb and 

bit. 
(e) Seii Consistonoo \NTion Dry. ?4te 
consistence ef seil materials when dty is 
charactoriaod by rigidity, brittlonoso, max 
imum resiotanoo te pressure, more er less 
t e ndency te crush te a powder er te frag 

IllVI 1 ID ^TTTTT rar^TVr CTTKir^T ^^^^^^^^y C^^^S ^MT^^ 

bility ef crush e d material te cohere again 
when pressed tog e ther. ¥e evaluate, se- 

(+f Slightly hard. Wealdy rooiotont te 
prooouro; easily broken between thumb 
afid fingor. 

(ti) Hard. Moderately resistant te pros 
sure; ean be brok e n ift the hands with 
eet difTioulty bet is barely br e altabl e 
botwoon thumb em4 fmg e r. 

(m^ Ve*y hard. Vary rosistant te pr e s 

witb difficulty; net brooliable botwoon 
thumb a»4 fmgor. 
(i¥) Extr e mely hard. Extremely resistant 
te pressure; cannot be broken m the 
hands. 
(4) Organic Soils. Organic seils shall be con 

sid e red Unsuitable. 
(2) (4) Soil Structure - The following types 
of soil structure shall be evaluated: i» 

Ql^^^^^i c^^i^^^ u^^ ^^^^^^1 c^i^^ ^j^^i ^^^^^ «^^^^^^^ 

II nitxT o^^r^n, T^TV CTcm^^) ^ttt, uiiu i- lu t l^jj. 1.1 

known as seii structur e . Seii structur e 
may have a significant effect ee tbe 
movement ef effluent through a seiir ¥he 
structure may detormirt e the fate ef 
movement ef liquids through clay e y ooilo. 
Structuro is uoually net important i» seii 

shall generally be considered Suitabl e as 

ITT DTTTItTTTfTt^ 'Hit? rTIT©t? JtittTIW WT OITII 

Structure that are most significant m 



NORTH CAROLINA REGISTER 



324 



PROPOSED RULES 



movomont ef oowago ofiluent through 
Groups m aH4 W- getk aF» block lilco, 
platy, aH4 (^ abs e nc e e^seil struoturo er 
maooivo conditions are describ e d ete, ie^ 

(A) CRUMB AND GRANULAR SOIL 
STRUCTURE - Soils which have crumb 
or granular structure shall be considered 
SUITABLE as to structure. 



TURE 



BLOCK-LIKE SOIL STRUC- 



Block-Like Soil Structure with 



peds 2.5 cm [\_ inch) or less in size shall 
be considered PROVISIONALLY 
SUITABLE as to structure. Block-like 
soil structure with peds greater than 2.5 
cm £]_ inch) in size within 36 inches of the 
naturally occurring soil surface shall be 
considered UNSUITABLE as to struc- 
ture. 



(4^ te Groups W afl4 W- soils, '4 tfe« seil 
exhibits many p e ds ef angular ftft4 s«b- 
roundod pods, A©» A» s«ik have 
blocli lilce structur e . ^1^ oowago 
eflluant »»y mov e botwoon tb© cracks 
ef thoc . o typos ef podo. Block Ulio seii 
structuro i» Groups Hi a«4 tV- soils is 
frequently dootroyod by mochanical 
equipment manipulating Ae seiJ whon 
it- is tee w^tr Trenches fof nitrification 
Unos being placed j» Groups H4- aR4 iV 
soils with block lilco structure should 

Block lik e seii structur e i» Groups Ht 
aft4 tV sods shall b» considered Provi 
sionaUy Suitable as te structure. 
(«) Som e rooks, oven though weathered, 
ouch as slates ef creviced ©f fractur e d 
rocks, exhibit block lik e structure, 
which is ftet- changed by moving water, 
thereby allowing fluids te mov e down 
w'ard without filtration. Rock shall h% 
consider e d L nsuitablo as t» structuro. 
(C) PLATY SOIL STRUCTURE - soOs 
which have platy soil structure within 36 
inches of the naturally occurring soil sur- 
face shall be considered UNSUITABLE 
as to structure. 



(^ Platy Sei4 Structur e , tf Groups W aad 

L^^ f J~\ « 1 ■.-• Toll .-\ 1 1 ♦ « «-l f .-1 ^^^t^il^^^ ^l^^^^t^^ +1^^^& 

(fee seil would hav e platy structuro. W»- 
tef »f effluent mos e m e nt through thooo 
seik would be extremely slow, a»4 tbe 
structuro shall be considered Unsuitable. 
(e^ Absence ef Seii Structure. Somo 
Groups Ht Wt afi4 iV seiis afe massiv e 
aft4 exhibit He structural aggregates. !« 
these kinds ef soils, water ef effluent 



(31 



mov e ment would be nogligiblo. Such 
struoturo shall be oonsidorod Unsuitablo. 

(D) PRISMATIC SOIL STRUCTURE - 
Soils which have prismatic soil structure 
within 36 inches of the naturally occurring 
soil surface shall be considered UNSUH- 
ABLE as to structure. 

(Ei ABSENCE OF SOIL STRUCTURE 
- Soils which are single grained and exhibit 
no structural aggregates shall be consid- 
ered sun ABLE as to structure. Soils 
which are massive and exhibit no struc- 
tural peds within 36 inches of the na- 
tural]^ occurring soil surface shall be 
considered UNSUITABLE as to struc- 
ture. 

(F) Structure shall be evaluated using Soil 
Taxonomy, Appendix I^ which is hereby 
adopted by reference in accordance with 
G.S. 1 SOB- 14(c). Copies may be m^ 
spected in, and copies obtained from, the 
Department of Human Resources, Divi- 
sion of Health Services, P.O. Box 2091, 
Raleigh, NC 27602-2091. 
Clay Mineralogy - Along with soil texture, 
the mineralogy of the clay -sized fraction 
determines the degree to which some soils 
swell and thereby affects the size and 
number of pores available for movement 
of sewage effluent through the soil. There 
are two major types of clays, including 1:1 
clays , which do not shrink or swell exten- 
sivel 



when dried or wetted^ and the 2:1 



clays, including mixed mineralogy clays, 
such as clays containing Kaolinite and 
Montmorillonite that will shrink and swell 
when dried and wetted. The type of clay 
minerals in the clay-sized fraction shall be 
determined by a field evaluation of moist 
soil consistence or of wet soU consistence 
using Soil Taxonomy, Appendix I^ which 
is hereby adopted by reference in accord- 
ance with G.S. 150B-14(c). Copies may 
be inspected in, and copies obtained from, 
the Department of Human Resources, 
Division of Health Services, P.O. Box 



2091, Raleigh, 



NC 27602-2091. 



(A) SLIGHTLY EXPANSIVE CLAY 
MINERALOGY - Soils which have 



loose. 



very 



friable, friable or firm moist 



soil consistence, or have slightly sticky to 
sticky or nonplastic, slightly plastic to 
plastic wet soil consistence, are considered 
to have predominantly 1:1 clay minerals 
and shall be considered SUITABLE as to 



clay mineralogy. 
(Bi EXPANSIVE 



CLAY MINERAL 



OGY - Soils which have either ver>' firm 



525 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



or extremely firm moist soil consistence, 
or have either very sticky or very plastic 
wet soil consistence, are considered to 
have predominantly 2:1 clay minerals (in- 
cluding mixed mineralogy clays) and shall 
be considered UNSUITABLE as to clay 
mineralogy. 
(4) Organic Soils - Organic soils shall be con- 
sidered UNSUITABLE. 
[b] Where the site is UNSUITABLE vyith re- 
spect to structure or clay mineralogy, it may be 
reclassified PROVISIONALLY SUITABLE af- 
ter a special investigation indicates that a modi- 
fied or alternative system may be installed in 
accordan ce with Rule .1956 or Rule .1957 of this 
Section. 



Statutory Authority G.S. l30A-335(e). 
.1942 SOIL WETNESS CONDITIONS 

^^^^^^ v^«4j^ ^^^^^^^^^^^^^^ 1^^^^^ ^^^^^^^r ^n^^^^^^ ^^t^ ^^L 

major conoem m ovaluating 6it«& fef oowago 
offluont dispooal. Ih e se are the 6e4 ar e as tt^at- 
^¥« good oowage absorption rat e s during d*y 
ooaoono ef the yeaf btrt foroo oo' i >'ago effluent te 
the ourfaco during ^be wottor Goaoono. 44^ depth 
ef the s e asonal high wat e r tabl e em* commonly 
be recognized by- thos e o?(amining seii profiles. 
?4»e criterion fof recognition »f high wat e r tables 
te that Bf &e4 color. Subsurface horizons that a^e 
i» colors ef rods, yellows, aft4 browns generally 
indicat e good 8e4 a e ration aH4 drainage 
throughout the y e ar. Subsurfac e horieons that 
are m colors ef grey, olive »f bluish colors indi 

4ttii ef greyish colors may occur as a solid mass 
ef seii »f may be m mottles »f localized spots. 
44*e volume ©f greyish colors ie indicative ef the 
length ef time that fpee water stands m that 6e4 
profile. There ate soils that have light colored 
mottles which afe Fehe from the light colored 

soils would ftet have high ^'otor tables, s» »«e 
must distinguish between a tft*e seii composed 
ef sand, siits aft4 clays, ef the feek material that 

that has the greyish colors ef chroma 3 ef less 
(MunsoU color chart) indicative ef high water ta- 
bles, ©f is subject t^ ti4ai Bf p e riodic hi^ wat e r, 
within ^ inches »f the surface, shall be consid 
efe4 Unsuitable as t© drainag e . Soils whore the 
s e asonally high water table is less than 48 inches 
aft4 mor e than ^ inches below the naturally ©e- 
curring &»ii ourfaco shall be consider e d Provi 
sionally Suitable witb rospoct te seii drainage. 
Soils sphere the seasonally high water tabl e is 
greater than 4* inch e s bolow the naturally ee- 
curring seil surfac e shall be considered Suitabl e 



witb roopoot t# s^ drainag e . Where the m^i is 
oonoidorod suitable as te structure a»4 t e xture, 
(Soil Groupo \ a»4 14-^ an^ modifications e&R be 
made t» maintain the ground water table at least 
43 inchoo bolow the bottom ©f the nitrifioQtion 
trench at aU timoo, such seils f»ay be reclassified 
Provioionally Suitabl e as t© drainage. Drainage 
oyotomo inetoUod ief ground water lowering shatt 
be maintained se that a minimum separation Bi 
ene fe^ ooouro between the nitrifioation tr e nch 
bottom as^ the seasonally hi^ water table. ¥-Bf 

Q^^^^^^^^^^^^^^ ^^^^^^j^^T^^Q ^^^^^^^ij3^^^^ C^^^^Ui ^^& f T TTiTk ' * *^ ^ i¥ri-fc4j-**» 

^^^^^^^^T^^^^^B ^^^^^^^^TCcTw ^^^^^^^^^^^^^1 C^^^viT u9 pj^yrJTx^^^'VtlTTSr 

lowering m subdivisions, e asomonto shall be Fe- 

oonubl e ogress an4 ingress for maintonanoe. 

(a) Soil wetness conditions caused by a sea- 
sonal high-water table, perched water table, tidal 
water, or seasonally saturated soils shall be de- 
termined by observation of colors of chroma 2 
or less (Munsell color chart) in mottles or a solid 
mass. If drainage modifications have been made, 
the soil wetness conditions may be determined 
by direct observation of the water surface during 
periods of typically high water elevations. How- 
ever, colors of chroma 2 or less which are relic 
from minerals of the parent material shall not be 
considered indicative of a soil wetness condition. 
Sites where soil wetness conditions are greater 
than 48 inches below the naturally occurring soil 
surface shall be considered SUITABL,E with re- 
sF>ect to soil wetness. Sites where soil wetness 
conditions are between 36 inches and 48 inches 
below the naturally occurring soil surface shall 
be considered PROVISIONALLY SUHABLE 
with respect to soil wetness. Sites where soil 
wetness conditions are less than 36 inches below 
the naturally occurring soU surface shall be con- 
sidered UNSUITABLE with respect to soil 
wetness. 



(b} Where the site is UNSUITABLE with re^ 
spect to soil wetness conditions, it m^X k£ re- 
classified PROVISIONALLY SUITABLE after 
an investigation indicates that a modified or al- 
ternative system can be installed in accordance 
with Rule .1956 or Rule .1957 of this Section. 

Statutory Authority G.S. I30A-335(e). 

.1944 RESTRICTIVE HORIZONS 

R e strictiv e horizons in seils are recognized by 

a seii auger. Restrictive horizons i«ay occur as 
fragipans ©f if©** pons. Th e se horizons are 
compact e d s©ii ©f afe comontod wit4* if©ft oxid e 

wr ^^T^Twr vmx^x^^y ccncr ▼nr^r ^^i vnjTyjT ii uiii i \^^ t^t 

grey. Oth e r common r e strictiv e horizons afe 
ones m which materials, composed ©f orgamo 
matter aH4 aluminum witb ©f without iron, have 



NORTH CAROLINA REGISTER 



326 



PROPOSED RULES 



^^^^^^^ c^^^^j ^^^^^^r ^^y ^^TT ^^^^? ^^^^^^^^ ^^^^^Ti ^^ff^T^^^^^^^^r ^^^^^^^ 

ticloo. Thooo horiiions afe commonly r e ferr e d {«■ 
a« organic hardpano. Thoy may h^ black, dork 
roddish brosvn, e* p=©y » color. 

Rootrictivo horiiiono U%af afe groator than throo 
inchoo thick sovoroly r e strict A« mov e m e nt »f 
water and so ' ■ ■ ■ 'ago ofTluont and de »^ adoquatoly 
roopond te ground wat e r losvoring drainage sys- 
tema. WTier e thcjo horiaons af» 1«6« than thr ee 
incheo thick, they de »»*• Govoroly rootrict t4*® 
mos e m e nt ef wat e r aftd oo' . v'ago offluont, fe*rt 
rather indicato th« pro&onco ef » Goaoonally hi^ 
' . ' ■ at or tablo and after sp e cial invootigation may 
be modified a« roquirod is P^ulo . I9'1i2 e4^ th»» 
Section. 

(a) Soils in which restrictive hori2ons are three 
inches or more in thickness and at depths greater 
than 48 inches below the naturally occurring soil 
ground surface shall be considered SL'ITABLE 
as to depth to restrictive horizons. Restrictivo 
Soils in which restrictive horizons are three 
inches or more in thickness and at depths be- 
tween 36 inches and 48 inches shall be considered 
PROVISIONALLY SUITABLE as to depth to 
restrictive horizons. Rootrictivo Soils in which 
restrictive horizons are three inches or more in 
thickness and oncountorod at depths less than 36 
mches aftd gr e ater than 4-3 inches bolow th© 
ground f i uriac e shall be considered UNSUIT- 
ABLE as to depth to restrictive horizons. 

(b) Where the site is UNSUITABLE with re 



spect to restrictive horizons, it may be reclassified 
PROVISIONALLY SUITABLE after a special 
investigation indicates that a modified or alter- 
nati\e system can be installed in accordance with 
Rules .1Q56 or .1957 of this Section. 

Statutory Authority G.S. 130A-335(e). 

.1946 OTHER .APPLICABLE F.ACTORS 

The site evaluation should shall include consid- 
eration of any other applicable factors involving 
accepted public health principles, such as, but 
not limited to: 
(Ij The proximity of a large-capacity water- 
supply well, the cone of influence of w^hich 
would dictate a larger separation distance 
than the minimum distance specified in Rule 
.1950 of this Section: 
(2) The potential public health hazard due to 
e4" possible failures of soil absorption sys- 
tems involving large quantities ©f oowage, 
' I ' . liich when specificallv identified, would 
dictate larger separation distances than the 
minimums specified in Rule .1950 and Rule 
.1955(m) of this Section; 



(3) The potential public health hazard of pos- 
sible massive failures of soil absorption sys- 
tems proposed to serve large numbers of 
residences, as in residential subdivisions or 
mobile home parks. 

(4) For sites serving systems designed to handle 
over 3,000 gallons per day, which include 
separate nitrification fields with individual 
capacities of greater than 1500 gallons per 
day, as determined in Rule .1949(a) or [b] 
of this Section, sufficient site-specific data 
shall be collected during the site investi- 
gation to predict the height of the water ta- 
ble mound that will develop beneath the 
field (level sites) and the rate of lateral and 
vertical flow away from the nitrification 
trenches (sloping sites). Data to be collected 
may include soil borings to depths greater 
than 48 inches, permeability in hydraulic 
conductivity measurements, water level 
readings, and other information determined 
to be necessary by the local health depart- 
ment or the state. The site shall be consid- 
ered UNSUITABLE if this data indicates 
that the groundwater mound which will de- 
velop beneath the site cannot be maintained 
two feet or more below the bottom of the 
nitrification trenches or it is determined that 
effluent is likely to become exposed on the 
ground surface within, or adjacent to, the 
nitrification field. 



.-^ Statutory Authority G.S. l30A-335(e). 



.1947 DETERMINATION OF OVERALL SITE 
SUITABILITY 

All of the cnteria in Rules .1940 through .1946 
of this Section shall be determined to be SUIT- 
ABLE, PROVISIONALLY SUITABLE, or 
UNSUITABLE, as indicated. If all criteria are 
classified the same, that classification will prevail. 
VVTiere there is a variation in classification of the 
several criteria, t4*« foUc i ving shall fee used m 
m along Ae os ' Orall sit© classification. ¥be the 
most limiting low e st ef Ae uncorrectable char- 
acteristics w+y shall be used to determine the 
overall site classification. 

it- fftay fee roclassified Provisionally Suitabl e 
under the conditions outlinod i» P».ul e .1910 
ef tfeis Section. 
(-3) U tfet» sei^ texture 16 classified a^ Unsuitablo, 
the ov e rall classification will fe<* Unsuitable 
regardless et' the oth e r criteria unless the 
provisions »f P<.ule .19 ' 1 8 {o) ei this Section 

(4^ U the seii structure i* classified a* L'nsuit 
able, tfe« o^'orall classification will fee kk^ 



327 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



other oritoria unl e ss provisions e^ Rulo 
. i9 ' 18(o) e^y^ Sootion are metr 

^ may b« roolaooifiod as Provisionally Suit 
aM« undor (^ conditions outlined m Rulo 
. 19'13 »f tfe* Section. 

f^ \\Tion ^k« rostriotiv e horizon is classified 
Unouitablo, '^ may be reclassified as Provi 
sionally Suitable undor \^ conditions eut- 
linod i» Rule .191 8 (c) ef tt»s Section. 

(4) \^^lon drainag e (ground water lovol) \% y«- 
suitabl e , it- may be reclassifi e d ae Provi 
sionally Suitabl e und e r tke conditions 
outlined tft Rulo .1913 ^f ^^ Section. 

Statutory Authority G.S. /30A-335. 

.1948 SITE CLASSIFICATION 

(c) Sites originally classifi e d as Unsuitable Rftay 
be us e d fof emJ absorption disposal systems, 
provided engineering, hydrogeologio, aH4 seii 
studios indicat e t» th« local health doportmont 
tbat a suitable soptio taitk system er a suitable 
alternat e system ea» reasonably be oxpectod te 
function satisfactorily. Such sites may be roclas 
sified as Provisionally Suitable upon submission 
to tbe local health department and when fe- 
quosted by tbe local health department t» tbe 
state agency e( tbe following: Sites classified 
UNSUITABLE have severe limitations for the 
installation and use of a properly functioning 
ground absorption sewage treatment and disposal 
system. An improvement permit shall not be 
issued for a site which is classified as UNSUIT- 
whcre a site is UNSUTT- 
may be reclassified 



ABLE. However, 
ABLE, 



it 



PROVISIONALLY SUITABLE if a special in- 
vestigation indicates that a modified or alterna- 
tive system can be installed in accordance with 
Rules .1956 or .1957 of this Section. 

(4-^ adequate substantiating dato to indicate 
Aat a ground absorption system 6«» be 
installed se^ that the effluent >m^ receive 
adequate treatment; 
(^ adequate substantiating data to indicate 
tbat the effluent wili Be4- contaminat e any 
drinking watop supply, ground water Hsed 
fof drinlcing water, »f attf surface wat e r; 
(^ adequat e substantiating dat* to indicat e 
tb€kt- tbe effluent wtli «*♦*• be OKposod »» 
the ground surface Bf be discharged to 
surface waters whore it' could como in 
contact witb pooplo, animals, ef vectors. 

Statutory Authority G.S. /30A-335(e). 

.1949 SEWAGE FLOW RATES FOR DESIGN 



UNITS 

(b) Table No. I shall be used to determine the 
minimum design daily flow of sewage that are 
minimums required for us» in calculating the de- 
sign volume of septie tanks a»4 tbe dest^ ea- 
paoity ef nitrification fields sanitary sewage 
systems to serve selected types of establishments. 
The minimum design volume of sewage from any 
establishment shall be 100 gallons per day. De- 
sign of sewage treatment and disposal systems for 
estabhshments not identified in this Rule shall 
be determined using available flow data, water- 
using fixtures, occupancy or operation patterns, 
and other measured data. 

TABLE NO. I 



TYPE OF 
ESTABLISHMENT 



DAILY Fl,OW FOR 
DESIGN 



Airports 5 gal/passenger 

(Also R.R. stations, 

bus terminals— not 

including food service 

facilities) 
Barber Shops 50 gal/chair 

Bars, Cocktail Lounges 

(Not including 

food ser\'ice) 20 gal/seat 

Beauty Shops 

(Style Shops) 125 gal/chair 

Bowling i\ll e yH Lanes 50 gal/lane 
Businesses (other than 

those Usted elsewhe re 

in this table) 
Camps 

Construction or 

Work Camps 



25 gal/employee 



60 gal/person 

40 gal/person 

(with chemical 

toilets) 

60 gal/person 



100 440gal/campsite 



Summer Camps 
Campgrounds With 

Comfort Station 

(Without water and 

sewer hookups) 

Travel Trailer / Recreational 
Vehicle Park 

(With water and 

sewer hookups) 120 gal /space 

Churches (Not includmg 

a Kitchen, Eood 

Service facility. Day 

Care or Camp) 3 gal /seat 

Churches (With a Kitchen 

but, not including a 

Food Service Facility, 

Day Care, or 



NORTH CAROLINA REGISTER 



328 



PROPOSED RULES 



Camp) 
Country' Clubs 
Ro '- idont ML ' mberG 



5 gal/seat 
20 2al member 



h^ gal rooidont 
mt'mbor 
Nonr e iiid e nt MombLTS ^ galperf i on 



Day Care I'acilities 
Factories (Exclusive of 
industrial waste) 
Add for showers 
Food Scnice Facilities 



15 gal person 

25 gal/person/shift 
10 gal, person/shift 



Restaurants 


40 2al seat or 






40 aal .1 5 square 


ft 


24-hour Restaurant 


of dinma area 
(\\hiche\-er is greater) 
75 gal seat 


Food Stands 






( 1] I'er 100 square feet 
of food stand floor 




space 
(2) Add per food 

cmplo\ec 
Other Food Scr\ice 


50 aal 
25 2al 




lacilities 


5 aal meal 




Hospitals 


300 gal, bed 




Marinas 


10 gal boat slip 




With bathhouse 


30 gal boat slip 




Meat Markets 






(1) Per lOO square f 
of market floor 


■Si 




space 


50 ijal 




(2) Add per market 
employee 
Motels Hotels 


25 eal 

120 aal room 




With cooking 






facihties 


175 gal room 




Offices (per shift) 
Residential Care 


25 gal'person 




Facilities 


60 gal/person 




Rei.tuurants 


•V^ ual r.oat ef 






44) gal 15 i.quaro 


ft 




&f dining aw* fw 


rl«e)*- 


Rest Homes and 






Nursing Homes 






With laundr>' 


120 gal, bed 




Without laundr\- 


60 gal, bed 




Schools 






Day Schools 






With cafeteria, gym 






and showers 


15 gal student 




With cafeteria only 


12 aal student 




With neither cafeteria 




nor showers 


10 gal student 




Boarding Schools 


60 gal person 




Ser^'ice Stations 


250 gal 'water 
closet or unnal 




24-hour Sen,ice 






Stations 


325 cal water clo 


SCt 



Stores, .Malls, 
Shopping Centers 
(Exclusive of food 

ser\'ice and meat 

markets) 

Stadium, Auditorium, 

Theater, Drive-in 
Swimming Pools, Spas. 
and Bathhouses 
Trav e l Trailer Parks 



3^ gal /1 000 squaro ft 



120 gal/ 1000 square 
ft of retail sales area 

5 gal/seat or space 

10 gal/person 
+50 gal;opaco 



(c) An adjusted design daily sewage flow may 
be granted bv the local health department upon 
a showing as specified below that a sewage sys- 
tem is adequate to meet actual daily water con- 
sumption from a facility included in Rule 
.1949(b) of this Section. 
(1) Documented data from that facility or a 
comparable facility justifying a flow rate 
reduction shall be submitted to the state 
and Ae local health department. The 
submitted data shall consist of at least 12 
previous consecutive monthly total water 
consumption readings and at least 30 
consecutive daily total water consumption 
readings. The daily readmgs shall be 
taken during a projected normal or above 
normal p e ak sewage flow month. A 
peakina factor shall be derised bv di\'idina 



the highest monthh' flow as indicated 
from the 12 monthl> readings bv the sum 
of the 30 consecuti\e daily uater con- 
sumption readings. The adjusted design 
daily sewage flow shall be determined by 
taking the numerical average of the great- 
est ten percent of the daily readings tfea* 
fett within Ae upper 40 percent &f tfee 
daily readings ' ■ 'I'h e n ranked ift dosconding 
ord e r, and multiphing by the peaking 
factor. Further ad|ustmcnts shall be made 
in design sewage flow rate used for sizing 
nitnfication fields and pretreatment sys- 
tems when the sampled or projected 
wastewater characteristics exceed those of 
domestic sewage, such as wastewater from 
restaurants or meat markets. 



121 



An adiusted dail\' sewage flow rate may 
be granted contingent upon use of ex- 
treme water-conser\ing fixtures, such as 
toilets which use 1.5 gallons per flush or 
less, spnng-loaded faucets with flow rates 
of one gallon per minute or less, and 
showcrheads whh flow rates of two gal- 
lons per minute or less. The amount of 
sewage flow rate reduction shall be deter- 
mined by the state and local health de- 
partments based upon the t\pe ot fixtures 



329 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



and documentation of the amount of flow 
reduction to be expected from the pro- 
posed facility. Adjusted daily flow rates 
based upon use of water-conserving fix- 
tures shall apply only to design capacity 
requirements of dosing and distribution 
systems and nitrification fields. Minimum 
pretreatment capacities shall be deter- 
mined by the design flow rate of Table I 
of this Rule. 

Statutory Authority G.S. l30A-335(e). 

.1950 LOCATION OF SANITARY SEWAGE 
SYSTEMS 

(a) Every ground absorption sanitary sewage 
treatment and disposal system shall be located at 
least the minimum horizontal distance from the 
following: 

(1) Any private water supply source, includ- 
ing any well or spring — 100 feet; 

(2) Any public water supply source — 100 
feet; 

(3) Streams classified as A-« - 5Q WS-1 -_2_ 
100 feet; 

(4) Waters classified as S.A. -- 100 feet (from 
normal high ti4e mark) from mean high 
water mark; 

(5) Other coastal waters -- 50 feet from mean 
higli water mark; 

(6)f^ Any othor stream, canal, marsh, ef 
coastal waters or other surface waters — 
50 feet; 

(7)f6^ Any Class I or Class II impounded 
reservoir used as a source of drinking wa- 
ter -- 100 feet (from normal h*^ wator 
yft») from normal pool elevation; 

(8)f^ Any other lake or impoundment — 50 
feet (from normal high water lino) from 
normal pool elevation; 

(9)f^ Any building foundation — 5 feet; 

{W0} Any basement - 15 feet; 

(ll) fW» Any property line - 10 feet; 

(12) f444 Top of slope of embankments or cuts 
of 2 feet or more vertical height — 15 feet; 

(13)(4a^ Any water line - 10 feet; 

(14) f4-^ Drainage Systems: 

(A) Interceptor drains and foundation 
drains -- 10 feet upslope, J_5 feet sideslope, 
and 25 feet downslope; 

(B) Groundwater lowering ditches and de- 
vices surface drainage ditohoo -- 25 feet; 

(C) Surface water diversions -- 10 feet; 
(15) (44^ Any swimming pool ^ fee* -j^ ]_5 feet; 
(16) f4-^ Any other nitrification field (except 

repair area) — 20 feet; 
(^ Nitrification fo« f«»y b« instaUod i» fill 
ground whoro at feast »fte feet Bi naturally e«- 



ourring setl fe prooent ¥4tl» Suitable er Provi 
oionaUy Suitabfe eeil charaoteriBtioo wttb roopoot 
\» tOKturo, structure, osA drainag e a» required by 
thes e Ruleo aA4 fe spooifioally approved by tlte 
state ef loool h e alth dopartmont. i\roal fiH must 
be installed suoh (bat there i# a minimum s e pa 

any seil horiaon witb unsuitable soil choraotor 

a»4 tbe or e ol e xtent ef fill shall be approved by 

shall hav e ouch setl toxturo t» be olassifiod a» 

iUUuiv MU^B^U ^^U^^L ^^^U3^_ ^Ub fffri f4. t \j-^n,m^ ' 1 T-, ,-^^r^ 

OQZT^Tj t\J\A±Hj LKUI^Tf II^IXIII ^ ^^T ETC^n^X^T Cmn^^T "tTWJWy 

r.hnll bA t^ rnin a£ tho i4li fitfiil mi ft \\\(\ ^— ^'-»^-""i ^^ii 

at tbe intorfaoo e^tbe tw» soils. 

(b) (e^ Ground absorption sewage treatment 
and disposal systems (4^ sbaU Bet be installed in 
sites where the s e asonal bi^ wat e r is within B«e 

(3) may be located closer than 100 feet from a 
private water supply, except springs and uncased 
wells located downslope and used as a source of 
drinking water, for repairs, space limitations, and 
other site-planning considerations but shall be 
located the maximum feasible distance and in no 
case less than 50 feet. 

(c) (4) Septic taftk syst e ms Nitrification fields 
and repair areas shall not be located under paved 
areas or dri^'eways. areas subject to vehicular 
traffic. If effluent is to be conveyed under areas 
subject to vehicular traffic, ductile Gast iron or 
other suitable pipe i»»y be permitted te con^' e y 
tbe effluent under a driveway er other pav e d 
areas, shall be used. 

(d) In addition to the requirements of Para- 
graph (a) of this Rule, sites to be used for sub- 
surface disposal for design units with flows over 
3,000 gallons per day, which include separate 
nitrification fields with individual capacities of 
greater than 1500 gallons per day, as determined 
in Rule .1949(a) or (b} of this Section, shaU be 
located at least the minimum horizontal distance 
from the following: 

(1) Any Class I or H impounded reservoir 
used as a source of drinking water, or any 
public water supply source utilizing a 
shallow (under 50 feet) groundwater 
aquifer -j^ 500 feet; 

(2) Any other public water supply source 
utilizing an unconfined aquifer -- 200 feet; 

(3) Any private water supply source utilizing 
an unconfined aquifer -^ 100 feet; 

(4) Waters classified as SA ^^ 200 feet from 
mean high water mark; 

(5) Any waters classified as WS-I - 200 feet; 

(6) Any surface waters classified as WS-II, 
WS-III. B, or SB - 100 feet; and 

(7) Any property line -- 25 feet. 



NORTH CAROLINA REGISTER 



330 



PROPOSED RULES 



(e) Collection sewers, force mains, and supp] v 
lines shall be located at least the minimum hor'- 



/ontal distance from the foliowine: 



ill 



An\' public or private water suppl y 
source, including wells, springs, and Class 
I^ or Class II impounded reservoirs used 
as a source of drinking water -j_ 100 feet, 
unless constructed of leakproof pipe, such 
as cast iron pipe with leaded or mechan- 
ical joints, m which case the minimum 
setback ma> be reduced to 50 feet from a 
public water supply source and 25 feet 
from a private water supply source; 
/Vnv waters classified as WS-I^ WS-II, 



[2) Anv 



WS-III. SA. or SB - 50 feet, 
unless constructed of similar leakproof 
pipe, in which case the minimum setback 
mav be reduced to J_0 feet; 

(3) Any other stream, canal, marsh, coastal 
waters, lakes and other impoundments, 
or other surface waters -j_ K) feet; 

(4) Anv basement -- 10 feet; 

(5) i\n\ property line -- 5 feet; 

(6) Top of slope of embankments or cuts of 
two feet or more vertical height -j_ J_0 feet; 

(7) Drainage Systems: 

(A) Interceptor drams, storm drains, and 
surface water diversions ^ 5 feet; 

(B) Ciround-water lowenng and surface 
drainage ditches ^ J_0 feet: 

(8) Anv swimming pool ^ Jj] feet; 

(9) /'Vn\' other nitrification field -j_ 5 feet. 

(f) Sewer lines may cross a water Une if IS 
inches clear separation distance is maintained, 
with the sewer line passing under the water line. 
When conditions prevent an 18-inch clear sepa- 
ration from being maintained or whene\'cr it is 
necessary for the water line to cross under the 
sewer, both the water line and sewer shaU be 
constructed of ferrous materials with mechanical 
joints equi\alent to water main standards for a 
distance of at least ten feet on each side of the 
point of crossing, with full sections of pipe cen- 
tered at the point of crossing. 

(g) Sewer lines may cross a storm drain if 12 
inches clear separation distance is maintained 
unless the seucr is of cast iron pipe or encased in 
concrete or cast iron pipe for at least fi\'e feet on 
either side of the crossing. 

(h) Sewer lines mav cross a stream if at least 
three feet of stable co\er can be maintained or 
the sewer line is of cast iron pipe or encased in 
concrete or cast iron pipe for at least ten feet on 
either side of the crossing and fulh protected 
against the nomial range of high and low water 
conditions, including the 100-vear fiood wa\e 



chore d for at least ten feet on either side of the 
crossing. Force mains and supply lines must be 
r:Gl^:ted from freezing. 

(i) Treatment systems, including septic tanks, 
lift stations, wastewater treatment plants, and 
sand filters, shall not be located in areas subject 
to frequent flooding (areas inundated at a ten- 
year or less frequency) unless specially designed 
:■ nd ; .istalled to be completely watertight and to 
remai n fully operable during a ten-year storm. 
Mechanical or electrical components or treat- 
ment systems must be above the 100-year flood 
level or otherwise adequately protected against a 
lOO-year flood. 

Statutory Authority G.S. /30A-335(e). 



.1952 SEPTIC TANK: DOSING TANK AND 
LIFT STATION DESIGN 

(a) A septic tank or dosing tank shall 



be 



action. .Areal crossings shall be bv cast iron pipe 
with mechanical joints and pipe must be aiv 



watertight, structurally sound, and not subject to 
excessive corrosion or decay. Septic tanks shall 
be of two-compartment design. The inlet com- 
partment of a two-compartment tank shall h» 
hold between tw o-thirds and three-fourths of the 
total tank capacity. A properly designed dosing 
siphon or pump shall be used for dischargmg 
sewage effluent into nitrification lines when the 
total length of such lines exceeds 750 Linear feet 
in a single system and as required for any 
pressure-dosed system. When the design daily 
flow from a single system exceeds 3,000 gallons 
per day or when the total length of nitnfication 
lines exceeds 2.000 linear feet in a .single system, 
alternating siphons or pumps shall be used which 
shall discharge to separate nitrification fields. 
The dose volume Discharg e s from pump or si- 
phon systems shall be of such design so as to fill 
the nitrification lines from 60 66 percent to 75 
percent of their capacity at each discharge ef ex- 
cept as required for low- pressure distribution 
systems. The discharge rate Discharges from 
pump dosing systems shall be designed to maxi- 
mize the distribution of the effluent throughout 
the syst e m, nitrification field. Septic tanks in- 
stalled where the top will be deeper than 30 
mches below the fmished grade shall have an ac- 
cess manhole, with cover, extending to within 4-3 
six inches of the fmished grade, having a mini- 
mum opening adequate to accommodate the in- 
stallation or removal of the septic tank lid. Any 
system serving a design unit with a design sew'age 
flow greater than 3,000 gallons per day shall have 
access manholes over each compartment, and the 
outlet sanitari tee, which extend at least to fm- 
ished grade for inspection and maintenance. 
Pump ef dosing chambers shaU hav e aft aoceos 
manhol e having a minunum diomotor e( ^ 



331 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



inohoo oxtondtng » niinimum ef 6H( inohoo abovo 
ik» finifthod grade. Syphon dos i ng ohomb g ro 
skaU be dofiignod in aooordanoo wttk (h« mini 
mum dooo roquiromento m tbis Rule. Efflu e nt 
pump ohombore ^bati moot (b» oonotruotion i>»- 
quiromonto b^ ^^ S e ction an4 ohall hav e » mifi- 
imum liquid oapaoity oquivolont (e tb« septte 
(d»k liquid capacity required ii% tbt» Rule. All 
ofTluont pump ohamboro dosing tanks shall have 
a properly functioning high-water alarm. i«- 

pump. The alarm shall be audible or visible by 
system users and weatherproof if installed out- 
doors. The alarm circuit shall be provided with 
a manual disconnect in a watertight, corrosion- 
resistant outside enclosure (Nl MA 4X or equiv- 
alent) adjacent to the dosing tank. 

(b) Minimum liquid capacities for septic tanks 
shall be in accordance with the following: 

(1) Residential Septic Tanks (for each indi- 
vidual residence or dwelling unit): 



Number of 
Bedrooms 

3 or less 

4 

5 



Minimum Liquid 
Capacity 

JS^ gallons 

900 gallons 
1 ,000 gallons 
1 ,250 gallons 



Equivalent Capacity 
Per Bedroom 

¥}^ gallono 
300 gallons 
250 gallons 
250 gallons 
Thoi i o figuroo provido fe* Hse of garbag e 
grindt'ro, automatic clothoo waohors, em^ 
othor houoohold applianocFj. 
(2) Septic tanks for large residences, multiple 
dwelling units, or places of business or 
public assembly shall be in accordance 
with the following: 

(A) The minimum liquid capacity of septic 
tanks for places of business or places of 
public assembly with a design sewage flow 
of 600 gallons per day or less shall be de- 
termined in accordance with the follow- 
ing: V = 2Q; where V is the Uquid 
capacity of the septic tank and Q is the 
design daily sewage flow. 

(B) Individual residences with more than 
five bedrooms, multiple-family residences, 
individual septic tank systems serving two 
or more residences, or any place of busi- 
ness or public assembly where the design 
sewage flow is greater than 600 gallons per 



day, but less than 1,500 gallons per day, 
the liquid capacity of the septic tank shall 
be designed in accordance with the fol- 
lowing: V = 1.17Q + 5(X); wheit V is 
the liquid capacity of the septic tank and 
Q is the design daily sewage flow. The 
minimum liquid capacity of a septic tank 
serving two or more residences shall be 
1,500 gallons. 

(C) Where the design sewage flow is be- 
tween 1,500 gallons per day and 4,500 
gallons per day, ef groator, the liquid ca- 
pacity of the septic tank shall be designed 
in accordance with the following: V = 
0.75Q + 1,125; where V is the liquid ca- 
pacity of the septic tank and Q is the de- 
sign daily sewage flow. 

(D) Where the design sewage flow exceeds 
4,500 gallons per day, the septic tank shall 
be designed in accordance with the fol- 
lowing: V ^ Q^ where V is the hquid ca- 
pacity of the septic tank and Q is the 
design daily sewage flow. 

(3) 1 he minimum capacity of any septic tank 

sf e flluont pHf«p chamber shall be 750 

gallons. 

(c) The following are minimum standards of 

design and construction of pump tanks and[ 

pump dosing systems: 

(1) Pump tanks shall have a minimum Uquid 
capacity in accordance with the following: 

(A) Pump tanks for systems with 
nitrification fields installed in Soil Group 
L IL 21 ill soils, as defined in these rules, 
shall have a miiiimum liquid capacity 
equal to two-thirds of the required septic 
tank hquid capacity. 

(B) Pump tanks for systems installed in 
Group IV soils shall have a minimum 
liquid capacity equal to the required septic 
tank Uquid capacity. 

(C) Ihe minimum liquid capacity of any 
pump tank shall be 750 gallons. The liq- 
uid capacity of a pump tank shall be con- 
sidered as the entire internal volume with 
no additional allowance for freeboard. 



(D) An ahemate method to determine 
minimum hquid capacity of a pump tank 
shall provide for the minimum pump 
submergence requirement, the minimum 
does volume requirement, and the mini- 
mum emergency storage capacity require- 
ment. Fmergency storage capacity 
requirement is determined based on the 
type of facihty served, the classification of 
surface waters which would be impacted 
by a pump tank failure, and the availabil- 
ity of standby power devices and emer- 



NORTH CAROLINA REGISTER 



332 



PROPOSED RULES 



scncy maintenance personnel. The 

emorscncy storage capacity shall be the 
freeboard space in the pump tank above 
the hiph-water alarm activation level and 
may also include the available freeboard 
space in previous tankage and in the col- 
lection system below the lowest connected 
buildins drain invert . Minimum emer- 
gency storage capacity requirement for 
residential systems and other systems in 
full-time use oil sites draming into WS-I, 
WS-II, WS-III, SA, SB, and B waters 
means 24 hours, without standby power 
or _12 hours with standby power manually 
activated, or four hours with standby 
power automatically activated or with a 
high-water alarm automaticaUv contacting 
a 24-hour maintenance service. Mini- 



mum emergency storage capacity require- 
ment for systems not in full-time use and 
for all systems at sites draining into aU 
other surface waters shall be 12 hours 
without standby power, or eiglit hours 
with standby power manually activated, 
or four hours with standby power auto- 
matically activated or with a high-water 
alann automatically contacting a 24-hour 
maintenance service. 
([:') Notwithstanding Paragraphs (c) (1) 
(.\)-(D), other criteria for pump tank ca- 
pacity may be appro\'ed by the state and 
local health department for raw sewage hft 
stations, pressure sewer systems, and sys- 
tems with design flows exceeding 3,000 
gallons per day. 
(2) '{'he effluent pump shall be capable of 
handling 3\ least one-half inch solids and 
designed to meet the discharge rate and 
total dynamic head requirements of the 
effluent distnbution system. I'hc pump 
shall be listed by lJnder\sriter's I.abora- 



01 



tor\' or an equivalent third party electrical 
testing and listing agency. 
i^ump discharge piping shall be of Sched- 
ule 40 PV(' or stronger material and ade- 
quately secured. Fittings and valves shall 
be of compatible corrosion-resistant ma- 
tenal. A threaded union, flange, or similar 
disconnect device shall be provided in 
each pump discharge line and corrosion- 
resistant rope or chain attached to each 
pump enabling pump removal from the 
.ground surface without requiring devva- 
tering or entrance into the tank. Vah'cs 
shall also be readily accessible from the 



ground surtace. 



til 



151 



invert elevation of the distribution system 
is below the high-water alarm elevation in 
the pump tank, or in accordance with 
pump manufacturer's specifications. 
Check valves shall be provided when the 
volume of the supply line is greater than 
25 percent of the dosing volume, or in 
accordance with pump manufacturer's 
specifications. Ulien provided, the anti- 
siphon hole shall be located between the 
pump and the check valve. 
Sealed mercury control floats or similar 
devices designed for detecting liquid levels 
in septic tank elTluent shall be provided to 
control pump cycles. A separate level 
sensing device shall be provided to acti- 
vate the high-water alarm. Pump-off level 
shall be set to keep the pump submerged 
at all times or in accordance with the 
manufacturer's specifications. A mini- 
mum of 12 inches of effluent s hall be 

pump 



maintained in the bottom of the 



tank. The high-water alarm float shall be 
set to activate within six inches of the 

float 



(61 



level. 



The 



lag pump 
shaU be located 



pump-on 

switch, where provided, 

at or above the high-water alarm acti- 
vation level. 

Pump and control circuits shall be pro- 
vided with manual circuit disconnects 
within a watertight, corrosion-resistant, 



outside enclosure (NT: MA 4X or equiv- 
alent) adjacent to the pump tank, securely 
mounted at least 12 inches abo\'e the fm- 
ished grade. The pump(s) shaU be man- 
ually operable without requiring the use 
of special tools or entrance into the tank 
for testing purposes. (Conductors shall be 
conveyed to the disconnect enclosure 
through waterproof gasproof and 
corrosion -resistant conduits, with no 
splices or junction boxes provided inside 
the tank. Wire grips, duct seal, or other 
suitable material shaU be used to seal 
around wire and wire conduit openings 
inside the pump tank and disconnect en- 
closure. 
(7) l-or systems requiring duplex and muhi- 
lex pumps, a control panel shall be pro- 



Antisiphon holes (three-sixteenth inch) 
shall be provided when the discharge or 



vided which shall include short circuit 
protection for each pump and for the 
control system, independent disconnects, 
automatic pump sequencer, hand-off- 
automatic (H-O-A) switches, run lights, 
and elapsed time counters for each pump. 
Alarm circuits shall be supplied ahead of 
any pump overload or short circuit pro- 
tective devices. The control panel must 



333 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



(81 



121 



tdl 



ill 



be in a watertight, corrosion-resistant en- 
closure (NEMA 4X or equivalent) unless 
installed within a weathertight building. 
The panel shall be protected from intense 
solar heating. 

Dual and multiple fields shall be inde- 
pendently dosed by separate pumps and 
their supply lines shall be "H" connected 
to permit manual alternation between 
fields dosed by each pump. "H" con- 
nection valving shall be readily accessible 
from the ground surface, either from the 
pump tank access manhole or in a sepa- 
rate valve chamber outside the pump 
tank. 
The pump tank shall have a properly 
functioning high-water alarm. The alarm 
circuit shall be supplied ahead of any 
pump overload and short circuit protec- 
tive devices. The alarm shall be audible 
and visible by system users and 
weatherproof if installed outdoors in an 
enclosure (NFMA 4X or equivalent). 
Siphons and siphon dosing tanks may be 
used when at least two feet of elevation drop can 
be maintained between the siphon outlet invert 
and the inlet invert in the nitrification field dis- 
tribution system. 

Siphon dosing tanks shall be designed in 
accordance with the minimum dose re- 
quirements in this Rule and shall meet the 
construction requirements of this Section. 
The siphon dose tank shall provide at 
least 12 inches of freeboard, and the inlet 
pipe shall be at least three inches above 
the siphon trip level. The high-water 
alarm shall be set to activate within two 
inches of the siphon trip level. 

Siphon dosing tanks shall have a 
watertight access opening over each si- 
phon with a minimum diameter of 24 
inches and extending a minimum of six 
inches above finished grade. 
The slope and size of the siphon discharge 
line shall be sufficient to handle the peak 
siphon discharge by gravity flow without 
the discharge line flowing fuU. Vents for 
the discharge lines shall be located outside 
of the dosing tank or otherwise designed 
to not serve as an overflow for the tank. 
All siphon parts shall be installed in ac- 
cordance with the manufacturer's specifi- 
cations. All materials must be 
corrosion-resistant, of cast iron, high den- 
sity plastic, fiberglass, stainless steel, or 
equal. 

Siphon dosing tanks shall have a properly 
functioning high-water alarm that is audi- 



(2} 



01 



(dl 



151 



ble and visible by system users and 
weatherproof if installed outdoors in an 
enclosure (NEMA 4X or equivalent), 
(e) Raw sewage liltstations shall meet the 
construction standards of this Section and all 
horizontal setback requirements for sewage 
treatment and disposal systems in accordance 
with Rule ■1950(a) of this Section unless the sta- 
tion is a sealed, watertight chamber, in which 
case the setback requirements for collection sew- 
ers in Rule .1950(e) of this Section shall apply. 
Sealed, watertight chambers shall be of a single, 
prefabricated unit, such as fiberglass, with sealed 
top cover, and preformed inlet and outlet pipe 
openings connected with solvent wells, O-ring 
seals, rubber boots, stainless steel straps, or 
equivalent. Dual pumps shall be provided for 
stations serving two or more buildings or for a 
facility with more than six water closets. Pumps 
shall be listed by Underwriter's Laboratories or 
an equivalent third party electrical testing and 
listing agency, and shall be grinder pumps or 
solids-handling pumps capable of handling at 
least three-inch spheres unless the station serves 
no more than a single water closet, lavatory, and 
shower, in which case two-inch solids handling 
pumps shall be acceptable. Minimum pump 
capacity shall be 2.5 times the average daily flow 
rate. The dosing volume shall be set so that the 
pump-off time does not exceed 30 minutes, ex- 
cept for stations serving single buildings, and 
pump run-time shall be from three to ten min- 
utes at average flow. Pump station emergency 
storage capacity and total hquid capacity shall be 
determined in accordance with Paragraph 
(c)(r)(D) of this Rule except for a sealed, 
watertight chamber serving an individual build- 
ing, in which case a minimum storage capacity 
of eight hours shall be required. All other ap- 
plicable requirements for pump tanks and pump 
dosing systems in accordance with Paragraph (c) 
of this Rule shall also apply to raw sewage lift 
stations. 

Statutory Authority G.S. l30A-335(e). 

.1953 PREFABRICATED SEPTIC TANKS 
AND PUMP TANKS 

When prefabricated concrete tanks or tanks of 
other material are used, they shall be constructed 
in accordance with the plans which have been 
approved by the State Doportmont ef Human 
Rooouroco and shall comply with all require- 
ments of this Section. Throo At least three 
complete sets of plans and specifications for the 
design of the prefabricated septic tank shall be 
submitted to the Environmental Health Section, 
Division of Health Services, P.O. Box 2091, 



NORTH CAROLINA REGISTER 



334 



PROPOSED RULES 



Raleigh, North Carolina 27602-2091. Plans and 
specifications for each septic tank or pump tank 
to be produced shall be submitted separately to 
the Division of Health Services for approval. 
These plans and specifications shall show the 
design of the septic tank in detail, including: 

(1) All pertinent dimensions; 

(2) Reinforcement material and location; 

(3) Material strength; 

(4) Liquid depth; 

(5) Clconout pro viniono, Joint material and 
method of sealing; 

(6) Access manhole and riser detail; 
(7)f^ Other design features. 

Statutory' Authority G.S. l30A-335(e). 

.1954 MINIMUM STANDARDS FOR PRECAST 
REINFORCED CONCRETE TANKS 

(a) The following are minimum standards of 
design and construction of precast reinforced 
concrete septic tanks: 

(4) There shall be three inlet openings in the 
tank, one on the tank end and one on 
each sidcu all of the inlet end of the tank. 
The blockouts for these openings shall 
leave a concrete thickness of not less than 
one inch in the tank wall. The blockouts 
shall be made for a minimum of four-inch 
pipe or a maximum of six-inch pipe. No 
blockouts or openings shall be permitted 
below the tank liquid le\el. 

(6) The outlet shall be a cast-in-place con- 
crete samtar)^ tee, a pol>Tin\l chloride 
(PVC) sanitary- tee, or a polyethylene 
(PE) sanitary tee, made of not less than 
class 160 pipe or equivalent fittings and 
pipe. Class 160 pipe shall have a wall 
thickness of not less than 0.183 inches. 
The cast-in-place concrete sanitary tee 
shall have a minimum thickness of not 
less than two inches. The tee shall extend 
down one-fourth of the liquid depth. The 
tee shall be furnished bv the manufacturer. 
The in\ert of the outlet shall be at least 
two inches lower in elevation than the in- 
vert of the inlet. 

(9) The tank shall be reinforced by using a 
minimum reinforcing of six-inch by six- 
inch No. 10 gage welded steel reinforcing 
wire in the top, bottom ends, and sides of 
the tank. The reinforcing wire shall be 
lapped at least six inches. ¥b« teftk- \%f* 
mui . t tn* aWe te withr . tand a uniform 
loading ef 440 pound * : , pt* s quare? foot. 
W additional reinforcing j* required te ae- 
compli ^i h tiw^r i4- is the rt ' L . pont . ibility e4^tiM» 
manufacturer Ve- int i tall tfee added rein 



forcing. Reinforcement shall be placed to 
provide a maximum amount of concrete 
cover. The tank shall be able to with- 
stand a uniform live loading of 150 
pounds per square foot in addition to all 
loads to which an underground tank is 
normally subjected. These include the 
dead weight of the concrete and soil cover, 
active soil pressure on tank walls, and the 
uplifting force of the ground water. 

(11) A minimum wft4 product strength ef 3,000 
pounds f^f squoTQ m^ shall b# <Me4 m 
^rt» construction b^ a s e ptic tanlt. ¥)^ 
strength ef 3,000 pounds pet squaro m^ 

n^^^^f ^^^1^^ C^^^Ui ^"^ i-u-i It .1 H 11 ■«*t-...-» 1 f\ w~^i~t.wi-^nwi t 
1 1 1 U JT 1 lU » ^ t-'W'II I ^.^U XJll ^,^J TT I II UJ I T^T ^^CT^'^^'CT^ 

£^- ^^JO ^^^^^^^^ «^^^ J'.-i 1 1 -^ j-g trx i~-W r^w~t .^ f- t j-\ * Vi ^ 
trr ZTTT^T pT"CTX¥TT^rTT VJ\JS LKJ UU.1 \J lllUIl T^r^^TT CT^ TT^^ 

tank's b e ing romovod from tb« plac e ef 
manufactur e . A minimum 28-day con- 
crete compressive strength of 4,000 
pounds per square inch shall be used in 
the construction of the septic tank. The 
concrete must achieve a minimum 
compressive strength of 2.700 pounds per 
square inch prior to removal of the tank 
from the place of manufacture. It shall 
be the responsibility of the manufacturer 
to certify that this condition has been met 
prior to shipment. A septic tank shall be 
subject to testing to ascertain the strength 
of the concrete prior to its being approved 
for installation. Recognized devices for 
testing the strength of concrete include a 
properly calibrated Schmidt Rebound 
Hammer or Windsor Probe Test. Accel- 
erated curing in the mold by use of 
propane gas or other fuels is prohibited, 
except in accordance with accepted meth- 
ods and upon prior approval of the divi- 
sion of health services. 

(12) i^ftor curing, tanks manufactur e d t» Hve 
sections shall b« joined a»4 s<?aled at- \^ 
joint by A« manufacturer, ef by tfe» i»- 
stollor, by using a mastic sealant Bf pliabl e 
sealant *!»*■ is both waterproof aft4 oorro 
sie» resistant. After curing, tanks manu- 



factured in two sections shall be joined 
and sealed at the joint by using a mastic, 
butyl rubber, or other pliable sealant that 
is waterproof, corrosion-resistant, and ap- 
proved for use in septic tanks. The 
sealant shall have a minimum size of one 
inch nominal diameter or equi\alent. 
Before sealing, the joint shall be smooth, 
intact, and free of all deleterious sub- 
stances. Tank halves shall be properly 
ah.gned to ensure a tight seal. The sealant 
shall be provided b}_ the manufacturer. 



i35 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



(13) All tanks produced shall bear an imprint 
identifying the manufacturer, the serial 
number assigned to the manufacturer's 
plans and specifications approval by the 
division of health services, and the hquid 
or working capacity of the tank. This 
imprint shall be located to the right of the 
blockout made for the outlet pipe on the 
outlet end of the tank. All tanks shall also 
be permanently marked with the date of 
manufacture adjacent to the tank imprint. 
(b) Pump tanks shall meet the construction 

requirements of Paragraph (a) of this Rule with 

the following modifications. 

(1) Tanks shall be cast with a single com- 
partment, or, if a partition is provided, the 
partition shall be cast to contain a mini- 
mum of two four-inch diameter circular 
openings, or equivalent, located 12 inches 
above the tank bottom. 



12) 



m 



There shall be no requirement as to tank 
length, width, or shape, provided the tank 
satisfies all other requirements of this 
Section. 



The invert of the inlet openings shall be 
located within 12 inches of the tank top. 
No freeboard shall be required in the 
pump tank. 

(4) After joining, tanks manufactured in two 
sections shall be plastered along the joint, 
both inside and outside, with hydraulic 
cement, cement mortar, or other 
waterproofing sealant. Prior to backfill- 
ing, the local health department shall 
make a finding that a two section tank is 
watertight if a soil wetness condition is 
present within five feet of the elevation of 
the top of the tank. 

(5) Tank shall be vented and accessible for 
routine maintenance. A waterproof ac- 
cess manhole with removable lid shall be 
provided over the pump with a minimum 
diameter of 24 inches and extending a 
minimum of six inches above finished 
grade. 1 arger or multiple manholes shall 
be provided when two or more pumps are 
required. Pumps shall be removable 
without requiring entrance into the tank. 
Manhole lids and electrical controls shall 
be secured against unauthorized access. 
Manhole riser shall be joined to tank top 
by means of tongue-in-groove or compa- 
rable type joint. The joint shall be sealed 
in accordance with Paragraphs (a)(12) and 
(b)(4) of this Rule. 

(6) All pump tanks shall bear an imprint 
identifying the manufacturer, pump tank 
serial number assigned by the Division of 



Health Services, and the liquid or working 
capacity of the tank. The imprint shall 
be located to the left of ^ outlet 
blockout. All tcinks shall also be perma- 
nently marked with the date of manufac- 
ture adiacent to the tank imprint. 

(c) (fe) Plans for prefabncated tanks, other than 
those for precast reinforced concrete tanks, shall 
be approved on an individual basis as determined 
by the information furnished by the designer 
which indicates the tank will provide equivalent 
effectiveness as those designed in accordance with 
the provisions of Rul e il951(a). Paragraphs (a) 
and (b) of this Rule. 

(d) (©) Soptio Tanks other than approved pre- 
fabricated tanks shall be constructed consistent 
with the provisions of this Rule except as fol- 
lows: 

(1) Cast-in-place concrete septic and pump 
tanks shall have a minimum wall thick- 
ness of six inches. 

(2) Concrete block or brick ooptio masonry 
tanks shall have a minimum wall thick- 
ness of at least six inches when the design 
volume is less than 1,000 gallons and a 
minimum wall thickness of at least eight 
inches when the design volume is 1,000 
gallons or more. All joints between 
masonry units shall be mortared using 
masonry cement mortar or equivalent. 
The joints shall have a nominal thickness 
of three-eighths inch. All concrete block 
masonry tanks shall have a minimum wall 
reinforcement of number three reinforcing 
bars 

The 

spacing in either direction shall be four 
feet. All ooptio tanks constructed of block 
or brick shall be plastered on the inside 
with a 1:3 mix (one part cement, three 
parts sand) of Portland cement at least 
three-eighths inch thick or the equivalent 
using other approved water-proofing ma- 
terial. 

(3) The bottom of the built-in-place e e ptio 
tank shall be poured concrete with a 
minimum thickness of four inches. All 
built-in-place tanks shall be reinforced to 
satisfy the structural strength requirements 
of Paragraph (a)(9) of this Rule. Re- 
inforcement shall be placed in both di- 
rections throughout the entire tank, 
including top, bottom, walls, and ends. 

Statutory Authority G.S. l30A-335(e). 

.1955 DESIGN CRITERIA FOR 

CONVENTIONAL SEWAGE SYSTEMS 



^ 0-inch centers, or equivalent. 
allowable reinforcement 



on 

maximum 



NORTH CAROLINA REGISTER 



336 



PROPOSED RULES 



(a) Convuntional Soptio TanU Syst e ms. Con- 
ventional septic tank systems shall utilize a septic 
tank of aJcquato approved construction and de- 
sign volume which provides primary treatment 
of the sewage in accordance with the provisions 
of these rules, which provido!) primary troatmont 
ef Ae sowago. The etTluent from the septic tank 
shall be conveyed flows by gra^'ity to an ap- 
proved nitrification line where the soil provides 
for final treatment and disposal of the sewage. 

(b) Table 11 shall be used in determining the 
maximum long-term acceptance application rate 
for septic tank systems of conventional trench 
design. The long-term acceptance rate shall be 
based on the most hydraulically limiting naturally 
occurring soil horizon within three feet of the 
ground surface or to a depth of one foot below 
trench bottom, whiche\er is deeper. 



SOIL GROUP 



II 



III 



IV 



*V» 



TABLt NOtII 

SOIL TCXTLRAL CLASSES 
(LSDA CLASSIFICATION) 



Sands 
(With S 
or PS 

structure 
and clay 
rmncralo.gy) 



Sand 
Loamy Sand 



(With S 
or PS 

structure 
and clay 
mineralogy) 

Fine Loams 
(With S 
or PS 

structure 
and clay 
mineralogy) 



Clays 
(With S 
or PS 
structure 
and clay 
mineralogy) 

( Kaolinitc 

Y-jt }^ PS- 
structuro) 



Loam 



Sandy Clay 

I^am 
Silt Loam 
Clay Loam 

Silty Clay 

Loam 

Silt 



Sandv 




^ --I r-t /-I t r I 1 --n f 



iV-h 



(montmoril 

Mixed 
Minoralog>') 



Sandy Clay 
g;ii.. r'l^., 

Gla¥ 



APPLICAT I ON R;\TE 
LONG-TERM ACCEPLANCE RATE 




Coarse Loams Sandy Loam j—^ 



The long-term acceptance rate shall not exceed 
the mean rate for the applicable soil group for 
food service facilities, meat markets, and other 
places of business where accumulation of grease 
can cause premature failure of a soil absorption 
system. Application rates up to the maximum 
for the applicable soil group may be permitted 
for facilities where data from comparable facihties 



indicates that the grease and oil content of the 
etYluent will be less than 30 mg/1 and the chemi- 
cal oxygen demand (COD) will be less than 500 
mg/l. 

(c) 1ft calculating tbe number ef square feet ©f 
area need e d fo* tfe« nitrification fiel4 » trench 
oyf i tom, t4*e maximum tranch width uood » Ae 
calculations shall be ^ inches. The design daily 
sewage flow shall be divided by the long-term 
acceptance rate to determine the minimum area 
of nitrification trench bottom. The total length 
of the nitrification line shall be determined by 
dividing the required area of nitrification trench 
bottom by the trench \\idth, not to exceed 36 
inches. 1 renches shaU be located not less than 
three times the trench width on centers with a 
minimum spacing of five feet on centers. 

(d) The local health department may permit 
the use of a bed system on sites where the soil 
texture can be classified into either Soil Groups 
I, 11, or III, meeting essentially the other re- 
quirements of this Section, and only on lots 
which are limited by topography, space, or other 
site-planning considerations. In such cases, the 
number of square feet of bottom area needed 
shall be increased by 50 percent over what would 
be required for a trench system. Nitrification 



337 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



lines shall be at least 18 inches from the side of 
the bed and shall have lines on three-foot centers. 
When the design daily flow volumo »f cowago 
exceeds 600 gallons per day, adoquato opaoo ehall 
be provid e d ^ aooonunodat e et trench oyotom fef 
tfee nitnfication fit'ld. bed systems shall not be 
used. 

(e) The pipe or tubing used between the septic 
tank and the nitrification line shall be a minimum 
of four-inch nominal size Schedule 40 polyvinyl 
chloride (PVC), polyethylene (PE), or 
acrylonitrile-butadiene-styrene (ABS) or equiv- 
alent with a minimum fall of one-eighth inch per 
foot. Where an effluent distribution device is 
used between the septic tank and nitrification 
line, the pipe or tubing shall be a minimum of 
three-inch nominal size Schedule 40 polyvinyl 
chloride (PVC), polyethylene (PE), or 
acr\lonitrile-butadiene-styrene (ABS) or equiv- 
alent. However, three fo«f -inch or greater non- 
perforated polyethylene (PE) corrugated tubing 
may be substituted for Schedule 40 pipe between 
the distribution device and the nitrification line 
if the following conditions are met: 

(1) the trench has a minimum bottom width 
of one foot; 

(2) the trench bed is compacted, smooth, and 
at a uniform grade; 

(3) the pipe is placed in the middle of the 
trench with a minimum of three inches of 
clearance between the pipe and the trench 
walls; 

(4) crushed stone or gravel envelope is placed 
in the trench on both sides of the pipe and 
up to a point at least two inches above the 
top of the pipe; 

(5) a minimum of six inches of soil cover is 
placed and compacted over the gravel en- 
velope; and 

(6) earthen dams consisting of two feet of 
undisturbed or compacted soil are placed 
at both ends of the trench separating the 
trench from the distribution device and 
the nitrification line. 

All joints from the septic tank to the nitrification 
line shall be watertight. 

(f) When four or six-inch diameter corrugated 
plastic tubing is used for nitrification lines, it shall 
be certified as complying with ASTM F 405, 
Standard Specification for Corrugated 
Polyethylene (PF) lubing and Fittings, which is 
hercbv adopted by reference in accordance with 
G.S. 150B- 14(c). applicablo AST.M Dtandardo. 
The corrugated tubing shall have three rows of 
holes, each hole between one-half inch and 
three-fourths inch in diameter, and spaced 
longitudinally approximately four inches on cen- 
ters. The rows of holes may be equally spaced 



120 degrees on centers around the periphery, or 
three rows may be located in the lower portion 
of the tubing, the outside rows being approxi- 
mately on 120-degree centers. Other types of 
piF>e may be used for nitrification lines provided 
the pipe satisfies the requirements of this Section 
for hole size and spacing and the pipe has a 
stiffness equivalent to corrugated polyethylene 
tubing (ASTM F-405) or stronger. The 
nitrification line shall be located in the center df 
the nitnfication trench. 

(g) Nitrification trenches shall be constructed 
as level as possible but in no case shall the fall in 
a single trench bottom exceed one-fourth inch in 
10 feet as determined by an engineer's level or 
equivalent. When surface slopes are greater than 
two percent, the bottom of the nitrification 
trenches shall foUow the contour of the ground. 
An engineer's level or equivalent shall be used for 
installation and inspection. The nitrification 
trench shall not exceed a width of three feet and 
a depth of three feet, except as approved by the 
local health department. 

(h) Rock used in soil absorption systems shall 
be clean, washed gravel or crushed stone and 
graded or sized in accordance with size numbers 
3, 4, 5, 57, or 6 of ASTM D-448 (standard sizes 
of coarse aggregate) which is hereby adopted by 
reference in accordance with G.S. 150B-14(c). 
Copies may be inspected in, and copies obtained 
from the Division of Health Ser%ices, P.O. Box 
2091, Raleigh, North Carolma 27602-2091. be- 
tween thr ee fourths mek to twe a»4 ono half 
inches. The rock shall be placed a minimum of 
one foot deep with at least six inches below the 
pipe and two inches over the pipe and distributed 
uniformly across the trench bottom and over the 
pipe. 

(i) The soil cover over the nitrification field 
shall be to a depth of at least six inches. The 
finished grade over the nitrification field shall be 
landscaped to prevent the ponding of surface 
water and runoff of surface water shall be di- 
verted away from the nitrification field. Soil 
cover above the original grade shall be placed at 
a uniform depth over the entire nitrification field, 
except as required to prevent the ponding of 
surface water, and shall extend laterally beyond 
the nitrification trench five feet. The soil cover 
shall be placed over a nitrification field only after 
proper preparation of the original ground surface. 
The type of soil cover and placement shall be 
approved by the local health department. 

(i) Effluent distribution devices, including dis- 
tribution boxes, flow dividers, and flow diversion 
devices, shall be of sound construction, 
watertight, not subject to excessive corrosion, 
and of adequate design as approved by the local 



NORTH CAROLINA REGISTER 



338 



PROPOSED RULES 



health department. Effluent distribution devices 
shall be separated from the septic tank and 
nitrification lines by a minimum of two feet of 
undisturbed or compacted soil and shall be 
placed level on a solid foundation of soil or con- 
crete to prevent differential settlement of the de- 
vice. The installer shall demonstrate that the 
distribution devices perform as designed. 

(k) Grease traps or grease interceptors shall be 
required at certain plac e s &f businoas, including 
rer . tuurant ' j food scr\'ice facilities, aft4 meat mar- 
kets, and other places of business where the ac- 
cumulation of grease can cause premature failure 
of a soil absorption system. Specially dooignod 
grcaoe intorcoptoro may b» uood ift l«*» el" groase 
traps vs'h e r e ri- h** boon domoniitratod tliat- th e y 
will provid e equal e* improved performance. 
The following design criteria shall be met: 

( 1) The grease trap shall be plumbed to re^ 
ceive all wastes associated with food han- 



dling and no toilet wastes; 



121 



Idl 



The grease trap liquid capacity shall be 
sufficient to provide for at least five gal- 
lons of storage per meal ser\'ed per day, 
at least two-thirds of the required septic 
tank liquid capacity, or determined in ac^ 
cordance with the following: 



IC =D xGLxST X HR 2x LF 



where l.C 



= grease trap liquid 
capacity (gallons) 
= number of seats in 



D 

GL = gallons of wastewater 



dining area 



per meal ( 1.5 single- 
ser\ice; 2.5 full 



service 



ST 

HR 
LF 



- storage capacity 
factor = 2.5 

- number of hours open 

- loading factor 

^(1. 25 interstate highway 



1.0 other highways and 



recreational areas 
= Q.S secondary' roads) 

(3) Two or more chambers must be provided, 
with total len,gth-to-widlh ratio at least 
2:1. Chamber opening and outlet sanitary 
tec must extend down at^ least 50 percent 
of the liquid depth. 
Access manholes extending at least to the 



ground suriace must be provided over 
each chamber and sanitar\ tee and must 
have readilv remo\able co\ers to facilitate 
inspection and grease removal. 



(5) One tank or multiple tanks, in series, may 
be used, constructed in accordance with 
Rules .1952, .1953, and .1954 of this Sec- 
tion, including the specified modifications 
m this Rule. 

Specially designed grease interceptors may 
also be used where it has been demon- 



(61 



strated that they will provide improved 
performance. The grease trap liquid ca- 
pacity may be reduced by up to 50 percent 
when grease interceptors are used in addi- 
tion to grease traps. 
(1) Stepdowns or drop boxes may be used 
where it is determined by the local health de- 
partment that topography prohibits the place- 
ment of nitrification trenches on level grade. 
Stepdowns shall be constructed of two linear feet 
of undisturbed soil and constructed to a the 
height level V¥i4l* tbe tep of the upper upstream 
portion of the nitrification line. Effluent shall 
be conveyed over the stepdown through nonper- 
forated pipe or tubing and backfilled with com- 
pacted soil. Drop boxes shall be constructed so 
that the invert of the inlet supply pipe is one inch 
above the Ln\ ert of the outlet supply pipe which 
is connected to the next lower drop box. The 
top of the trench outlet laterals, which allow 
effluent to move to the nitrification lines, shall 
be two inches below the invert of the outlet sup- 
pi) line. U i* r e commended y*a^ drop box e s b© 
designed te close eff tl+e trench outlets te provide 
fef periods ef r e sting wh e n th« nitrification 
tr e nch becomes saturated. Area taken up by 
stepdowns and drop boxes shall not be included 
as part of the minimum area required for 
nitrification trench bottoms. 

(m) Nitrification trenches shall be installed with 
at least one foot of naturally occurring sod be- 
tween the trench bottom and saprolite, rock, or 
any soil horizon unsuitable as to texture, struc- 
ture, setl consistence &f drainage, clay mineral- 
ogy or wetness. 

(n) If sewage effluent pumps are used, the ap- 
phcable requirements of Rule .1952 of this Sec- 
tion shall apply. 

(o) Collection sewers shall be designed and 
constructed in accordance with the following 
minimum criteria: 



Oi 



to the (21 



Building drains and building sewers shall 
be in accordance with the state plumbing 
code and approved by the local building 
inspector. 

Pipe material shall be specified to comply 
with the applicable ASTM standards, with 
methods of joining and other special in- 
stallation procedures specified which are 
appropriate for the pipe to be used. 



339 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



(3) Gravity sewers shall be designed to main- 
tain scour velocities of at least two feet per 
second with the pipe half full and a mini- 
mum of one foot per second at the peak 
projected instantaneous flow rate. Force 
mains shall be sized to obtain at least a 
two-foot per second scour velocity at the 
projected pump operating flow rate. 

(4) Infiltration and exfiltration shall not ex- 
ceed 1 00 gallons per day per inch diameter 
per mile of gravity sewer pipe or 20 gal- 
lons per day per inch diameter ger mile 
of pressure pipe in force mains and supply 
lines. 

(5) Three-foot minimum cover shall be pro 



(6) 



vided for all sewers unless ferrous material 
pipe is specified. Ferrous material pit>e 
or other pipe with proper bedding to de- 
velop design-supporting strength shall be 
provided where sewers are subject to 
traffic-bearing loads. 

Manholes shall be used for eight-inch or 
larger sewers at anv bends, junctions, and 
at least every 425 feet along the sewer 
lines. Drop manholes are required where 
the inlet to outlet elevation difference ex- 
ceeds 2.5 feet. Manhole lids shall be 
watertight below the lOO-year flood ele- 
vation, within 100 feet of any public or 
private water 
50 feet of 



supply source, and within 



oi any 



surface waters classified 



WS-I. WS-11, WS-lIl, SA. SB, or B. 

(7) Cleanouts may be used in four-inch and 
six-inch sewers instead of manholes. 
Cleanouts are required at least every' 50 
feet for four-inch sewers and every 100 
feet for six-inch sewers and at all junctions 
and bends which exceed 45 degrees. 

(8) Additional ventilation provisions may be 
required for collection sewers. The need 
for air relief vahes shall be evaluated at 
all high points along force mains. 

(p) Alternating dual field nitrification systems 
may be utilized where soils are limited by high 
clogging potentials (Soil Groups HI and IV) and 
where the potential for malfunction and need for 
immediate repair is required. Alternating dual 
nitrification fields shall be designed with two 
complete nitrification fields, each sized a mini- 
mum of 75 percent of the total area required for 
a single field and separated by an effluent flow 
diversion valve. The diversion valve shall be 
constructed to resist 500 pounds crushing 
strength, structurally sound, and shall be resistant 
to corrosion. Valves placed below ground level 
shall be provided with a valve box and suitable 
valve stem so that it may be operated from the 
ground surface. 



Statutory Authority G.S. J30A-335(e). 

.1956 MODIFICATIONS TO SEPTIC TANK 
SYSTEMS 

The following are Posoiblo modifications to 
convontional septic tank systems which may be 
utilized to overcome selected soil and site lirnita- 
tions. a»4 must be approved by ^ft» looal h e alth 
dopartmont inoludo tbe foUowing: Except as re- 
quired in this Rule, the provisions for design and 
installation of Rule .1955 of this Section shall 
apply: 

(1) Shallow plaoomont &( nitrification tronchoo 
Shan b» utilis e d whoro ineuflioiont dopth te 
Boaoonally high, ef porohod, water table ef 
where inoufliuiont eeii dopth prevontD tbe 
plac e ment ef oon^'ontionaJ nitrification bftee 
m aocordonoo with this Section. Sites clas- 
sified IJNSUn ABLE as to soil depth or soil 
wetness may be reclassified as PROVI- 
SIONALLY SUITABLE with respect to 
soil depth or soil wetness conditions by uti- 
lizing shallow placement of nitrification 
trenches in the naturally occurring soil. 
Shallow trenches may be used where at least 
24 inches of naturally occurring soil are 
present above saprolite, rock, or soil wetness 
conditions and all other factors are PROVI- 
SIONALLY SUITABLE or SUITABLE. 
Shallow trenches shall be designed and con- 
structed to provide at least one foot of ««- 
tural naturally occurring soil separation 
between the trench bottom and tfee upp e r 
moot elevation #f tbe s e aoonally high, st 
perched, watet table a»4 any soil wetness 
condition, saprolite, rock, or any soil hori- 
zon unsuitable as to structure or clay min- 
ercJogy. Soil cover above the original grade 
shall be placed at a uniform depth over the 
entire nitrification field and extend laterally 
beyond the nitrification trench five feet. The 
soil cover shall be placed over a nitrification 
field only after proper preparation of the or- 
iginal ground surface. The type of soil cover 
implacement shall be approved by the local 
health department. 

(2) lAJtomating 4ua^ 6el4 nitrification syotomo 
may be utilijied where seik are limit e d by 
hi^ clogging potentials (seii groupo lU aft4 
tV) afi4 whoro tbe potential fof malfunction 
a»4 need f^f immediate repair k required. 
iMtomating 4iiei field nitrification syst e ms 
shall be designed with twe complete 
nitrification fields, each siged a minimum &( 
^ percent ef tbe total area required fef a 

diversion valve. ^Fbe diversion valve shall 



NORTH CAROLINA REGISTER 



340 



PROPOSED RULES 



otronutli. Litructurally nound, a«4 rosiotant te 

J ' J A T-T - .-V L- 1 r~i w-t \ ' .\\\ iL^ir t^^^^^^^A 1^^^^^^^ Q^^^^ii^^i ^^^^^^ 

^^TTTTTTTT^TTTt T UI T \J\^ 1 'lUV^TJ L'VIV^ TT CJ T-TTJ I lU IV T VI 

^j^^^^l ^^^i t^^^^^^^^^^^^^l ^^^^^j^ ^ ^^^^^^^^ ^^^^^^ ^^^^^ ^^^^^^^ 
o^TCTTT l,^, rTTTT^^^^^r ^TTT^T CT ^^tTT^ ^^^^W CD^^T ^^^^^^ 

afete val' i 'L" iitom se Airt' k- may b« oporatod 
from th« ground ourfaco. Sites classified 
UNSlirABLIi as to soil wetness condi- 



tions or restrictive horizons may be reclassi- 



fied PRX)VISIONAU^ SUTABl^ 

soil wetness conditions or restrictive hori- 
zons when: 



(a) soils are Soil Groups I or H with SUIT- 
AOLF structure, and clay mineralogy; 

(b) restricti\e horizons, if present, are less than 
three inches thick or less than 12 inches 
from the soil surface; 



(c) modifications can be made to maintain the 
water table at least 12 mches below the 
bottom of the nitnfication trench at all 



times and when 



provisions are made for 



maintenance of the drainage systems; 

(d) easements are recorded and have adequate 
uidth for egress and ingress for mainte- 
nance of drainage systems serving two or 
more lots; 

(e) maintenance of the drainage system is 
made a condition of any permit issued for 
the use or operation of a sanitary sewage 
s\ stem: and 

(f) drainage maN' be used in other types of soil 

when the requirements of Rule .1957(c) 
in this Section are met. 

(4) Sites classified as UNSUITABLE as to soil 
wetness conditions because of the presence 
of lateral water movement may be reclassi- 
fied FROVISIONAI rV sun ABLE as to 
soil wetness conditions when such water is 
intercepted and diverted to prevent satu- 
ration of the soil absorption system. 

(5) Stable slopes greater than 30 percent may 
be reclassified as PROVlSiONAILY 
sun ABI L when: 



(a) the soil characteristics can be classified as 
SUllABl H or PROVISIONALLY 
SUn.\BLL t_o a depth of at^ least one foot 
below the bottom of the nitrification 
trench at the upslope side of the trench; 

(b) surface water runoff is di\erted around the 
nitrification field if neccssar\' to prevent 
scounng or erosion of the soil over the 
field: and 

(c) the finished grade over the nitrification 
filed site is returned to the original topog- 
raph\' and adequately seeded. 

(4i [6] Sites classified UNSUITABLE as to soil 
depth, with saprolite present, may be reclas- 
sified PROVISIONALLY SUITABLE as 



to soil depth when the provisions of this 
Paragraph are met. 

(a) An investigation of the site using pits or 
trenches at locations and to depths speci- 
fied by the local health department shall 
be conducted. The following physical 
properties and characteristics must be 
present: 

(vi) the saprolite shall have no continuous 
joints or fractures relic of parent rock to 
a depth two feet below the proposed 
trench bottom. 

(b) Table III shall be used in determining the 
long-term acceptance rate for septic tank 
systems installed pursuant to Paragraph 
f^ (6). The long-term acceptance rate 
shall be based on the most hydrauUcaUy 
limiting, naturally occurring saprolite to a 
depth of two feet below trench bottom. 



SAPROLITE 
GROUP 



II 



TABLE III 

SAPROLITE 
TEXTLRAL CLASSES 



Sand 

Loamy Sand 
Sandy Loam 
Loam 



(d) 



Sands 

Coarse 

Loams 
(with less 
than 20 
percent clay) 



LONG TER.VI 

ACCEPTANCE RATE 

GPD FT2 

0.6-0.5 
0.5 - 0.4 
0.4 - 0.3 

0.3 -©.aoj. 

If a low pressure pipe system is used, the 
long term acceptance rate in Table III 
shall be reduced bv one-half and the sys- 
tem shall be designed in accordance with 
Rule .1957(a) of this Section, except that 
Para.graphs (a)(2)(B) and (a)(3) shaU not 
apply. Saprohte textural classifications 
shall be determined from disturbed mate- 
rials and determined by Rule .1941(1). 
The local health department may require 
low-pressure distribution in conventional 
nitrification trenches, or other modifica- 
tions to provide adequate effluent treat- 
ment and disposal. 

The nitrification field shall be constructed 
using nitrification trenches with a maxi- 
mum width of tliree feet and a maximum 



.Ul 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



(e) 



depth of two feet e» at the downslope side 
of the nitrification trench. The bottom 
of a nitrification trench shall be a mini- 
mum of two feet above rock or saprolite 
that does not meet the requirements of 
Paragraph (4)(a) of this Rule. However, 
where SUITABLE or PROVI- 
SIONALLY SUITABLE soil underlies 
the trench bottom, this separation dis- 
tance may be reduced by subtracting the 
actual soil depth beneath the trench bot- 
tom from 24 inches to establish the mini- 
mum separation distance from the trench 
bottom to rock. 

The bottom of any nitrification trench 
shall be a minimum of two feet above any 
wetness condition. 



Statutory Authority G.S. /30A-335(e). 

.1957 DESIGN CRITERIA FOR DESIGN OF 
ALTERNATIVE SEWAGE SYSTEMS 

(a) Lo' i ' i ' pracGur e pip© (LPP) oyotem. 
LOW-PRESSURE PIPE SYSTEMS: A Low- 
pressure (two te four foot proosuro head) pipe 
(LPP) oyotom systems with a two to five-foot 
pressure head may be utilized on sites which are 
SUITABLE or PROVISIONALLY SUIT- 
ABLE for conventional or modified systems and 
on sites where soil and site conditions prohibit 
the installation of a conventional or modified 

Cf>1-»tir* f QTllr C\7Ctf*m J^* ■'•* * f^ * 1^^:* r^w-m^ 1-i.w^ i~,/-k /^t f\i .-> 11 j-n»r 

seil oonditiono, ooaoonally high water tabl e con 
ditiono, a«4 slow seil pormoabi feyr if the re- 
quirements of this Paragraph are met. 

(1) The LPP system shall consist of the fol- 
lowing basic components; 

(A) a network of small-diameter ( 4- meh te 
3 one to two inches) perforated PVC 160 
psi pipe or equivalent placed in natural 
naturally occurring soil at shallow depths 
(generally 6 inchoo te 12 to j^ inches) in 
narrow trenches not less than 6 eight 
inches in width and spaced not less than 
five feet on center. Trenches shall include 
at least six inches of stone or gravel below 
the pipe and two inches above the pipe; 
and four inches of soil cover. 

(B) a properly designed, two -compartment 
septic tank or other approved pretreat- 
ment system and a pumping or dosing 
tank; 

(C) a» approvod submersible effluent pump 
(s) with appropriate on-off controls for 
controlled dosing and a high-water alarm, 
or other approved pressure dosing and 
distribution system; 



(2) 



(D) a watertight supply manifold pipe, of 
Schedule 40 PVC or equivalent, for con- 
veying effluent from the pw»^ dosing 
chamber to the low-pressure network. 
The soil and site criteria for low-pressure 
pipe systems shaU meet the following 
minimum requirements: 

(A) LPP nitrification fields shall not be in- 
stalled on slopes in excess of ten percent 
ItPP nitrifioation &eM% Hwiy b» instollod 
e» olopoo groator t)MH% M poroont btrt re- 
quiro unless special design procedures to 
assure proper distribution of effluent over 
the nitrification field are approved- 
Landscaping of the LPP distribution field 
shall be constructed to shed rainwater or 
runoff^. All other requirements of Rule 
.1940 of this Section shall be met. 



te toKtur e , otruoturo, 
determined in accordance 
1956 



(B) Thoro shall b» e^ leas( Site suitability for 
an LPP system shall be based on the first 
24 inches of o e poration botwoon soil be- 
neath the naturally occurring soil surface. 
aH4 rook, water impeding formatioft ? eF 

depth inches shall consist of euitabl e 
SUITABLE or provisionally suitabl e 
PROVISIONALLY SUITABLE soil 
with resp e ct 

drainage, as _ 

with Rules .1941 through .1944 and 
of this Section. 

(C) Components e# the LLP shall ne^ be 
locat e d i» depressions er ar e as subjeot te 
frequ e nt flooding. Surfac e water, porohod 

water movement shall be interoopted ef 

I nn rr:.^„i ^u„^„ „f «u., i ni> A:„t^u..t:^„ 

^s^^^F^ F^smr onwpv ^^r ^^w ^s^^^^ ot^w^^^^^^tt^^tt 

(©} Location of the septic tank, other ap- 
proved pretreatment unit, pumping or 
dosing chamber, and the LPP nitrification 
field jft cubjoot te tt»e same horiaontol set- 
backs Gpocified i» Rule .195Q(a). shall be 
in accordance with Rule .1950 of this 
Section. Horizontal distances from the 
fcPli nitrification field shall be measured 
from a margin two and one-half feet be- 
yond the lateral and manifold pipes. 

I 111 ^^^^ ^^ji ^^an^ ij^j^k ^^ o^ ^^^^^i f^^^^^^x u^ tu^m 

te tlie LPP distribution (4el4 area (plus ft 
twe aft4 one half feet margin beyond tet- 
eral em^ manifold pipes) ftH4 mooting ftU 

^^y^^«- ^^^^1 r^^^\ ^^^^1 ^j-^^^«-^i ^^^j^^L I^A tUhL AAWlA 
^^^^^^PT ^^^^v CK^^^T ^^^^a ^^^r^^^nTv* ^^Rd^x ^^^7 ^^^T C^7^^^^7 

fefft roplacomont field. 
{¥) There shall be no soil disturbance of the 
te ft» approv e d site or repair area for an 



NORTH CAROLINA REGISTER 



342 



PROPOSED RULES 



(3) 



LPP system except the minimum required 
for installation. 

iVpplication ratoo. Table H+ IV shall be 
used in determinirig the maximum appli 
oation long-term acceptance rate for low 
prosDur e p*f>e LPP systems. The 

long-term acceptance rate shall be based 
on the most hydraulicaUy limiting, na- 
turally occumng soil horizon within two 
feet of the ground surface or to a depth 
of one foot below the trench bottom, 
whichever is deeper. 



TABLE NOrW 
TABLE IV 

SOIL TFXTLR.AL CLASSES 
(LSDA CLASSIFICATION) 



SOIL GROLP 



II 



Sands Sand 

(With S Loamy Sand 

or PS ~ 

structure 
and clay 
mmeralogrs") 

Coarse Loams Sandy Loam 
(With S Loam 

orPS " 
structure 

and clav 
mineralogN') 



III Fine Loams Sandy Clay 

(With S Loam 

or PS Silt Loam 

structure Clay Loam 

and clav Silty Clay 

mineralogy-) Loam 
Silt 

rV'a Clays Sandv Clay 

(With S Silty Clay 

or PS ~ Clay 

structure 
and clav 
mineralo.g\') 

i\PPLICATIO> . R.\TE 
LONG-TERM ACCEPTANCE R.ATE 

gpd ft 2 

0.6 - 0.4 

0.4 - 0.3 

0.3 -&a 0.15 



(4) 



0.2- 0^4- 0.05 

The long-term acceptance rate shall not 
exceed the mean rate for the applicable 
soil group for food service facilities, meat 
markets-, and other places of business 
where accumulation of grease can cause 
premature failure of a soil absorption sys- 
tem. Application rates up to the maxi- 
mum for the applicable soil group may 
be pennitted for facilities where data from 
comparable facilities indicates that the 
grease and oil content of the effluent will 
be less than 30 mg 1 and the chemical ox- 
ygen demand (COD) will be less than 500 
mg 1. 

In calculating the number of square feet 
for the nitrification field, the design sew- 
age flow shall be divided by the appli ca 
tie» long-term acceptance rate from Table 
III. S*« nitrification lift©* sb a M ka¥» a 
minimum spacing ef fi¥« feet' »» contoro. 
In calculating the minimum length of 
trenches in the LPP system, the total 
footage of the nitrification 



square _ _ 

shall be divided bv five feet. 



field 



(5) Docign ef tfe© trPP 4»li comply ¥4tb fte- 
coptod practic e s aft4 be cpocificaUy ap- 
pro' i 'iid by Ae local hoolth depart mont. 
Low-pressure svstems must be designed 
for uniform distribution of effiuent. The 
trenches shall be le\el and parallel to the 
ground ele\ation contours. 

(A) The maximum lateral length shall yield 
no more than a ten-percent difference in 
discharge rate between the first and last 
hole along the lateral. 

(B) Minimum hole size shall be 5 32-inch 
for at least two -thirds of the field lateral 

Smaller holes (no less 



lines 



than 



1 8-inch) may be used in no more than 
one-third of the lateral lines where neces- 
sary to balance flow distribution on slop- 
ing sites except for restaurants, 
foodstands, and meat markets and other 
establishments in \shich high clogging 
potential is encountered. 
(C) Maximum hole spacing shall be as fol- 
lows: Soil Group 1, five feet; Soil Group 
IL six feet; Soil Group III, eight feet; and 



Soil Group IV, ten feet. 
(D) The following design provisions are re- 
quired for sloping sites: 
(i2 Separately valved manifolds are re- 
quired for all subfield segments where 
the elevation difference between the 
highest and lowest laterals exceeds three 
feet. 



54i 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



(u) To accomplish this, the hole spacing, 
hole size or both must be adjusted to 
compensate for relative head difTerences 
between laterals brandling off a com- 
mon supply manifold and to compen- 
sate for the bottom Imes receiving more 
effluent at the beginning and end of a 
dosing cycle. The lateral network sheJl 
be designed to achieve a ten to 30 per- 
cent liigher steady state (pipe full) flow 
rate into the upper lines, relative to the 
lower lines, depending on the amount 
of elevation difference. 

(iii) Maximum elevation difference be- 
tween the highest and lowest laterals in 
a field shall not exceed ten feet unless 
the flow is hydraulically split between 
subficld segments without requiring si- 
multaneous adjustment of multiple 
valves. 



(E) Turnups shall be provided at the ends 
of each lateral, constructed of Schedule 40 
PVC pipe or equivalent, and protected 
with sleeves of larger diameter pipe (six 
inches or greater). Turnups and sleeves 
shall be cut off and capped at or above the 
ground surface, designed to be protected 
from damage, and easily accessible. 

(F) The supply manifold shall be sized large 
enough relative to the size and number of 
laterals served so that friction losses and 
differential entry losses along the manifold 
do not result in more than a \5^ percent 
variation in discharge rate between the 
first and last laterals. 

(i) The ratio of the supply manifold in- 
side cross sectional area to the sum of 
the inside cross sectional areas of the 
laterals served shall exceed 0.7:1. 



(ii) The reduction between the manifold 
and connecting laterals shall be made 
directly off the manifold using reducing 
tees, 
(iii) Cleanouts to the ground surface shall 
be installed at the ends of the supply 
manifold. 
(G) Gate valves shall be provided for pres- 
sure adjustment at the fields whenever the 
supply line exceeds 100 feet in length. 
Valves shall be readily accessible from the 
ground surface and adequately protected 
in valve boxes. 
(6) Septic tanks and effluent dosing tanks shall 
be provided pursuant to Rule .1952 of this 
Section. 
(A) Design flow rate shall be based upon 
delivering two feet to five feet of static 



pressure head at the distal end of all lateral 

lines. 

(B) Dose volume shall be between five and 

ten times the liquid capacity of the lateral 

pipe dosed, plus the liquid capacity of the 

portions of manifold and supply lines 

which drain between doses. 

(b) Alternative Gyctome oth e r lke» tke lew- 

preoouro ^t^ oyotom fhe^ h» approved by tite 

local health deportm e nt m aooordonco with Rule 

.19 . 1 8 (0). FILL SYSTEM: A ffU system 



(m- 

cluding new and existing fill) is a system in which 
all or part of the nitrification trench(es) is in- 
stalled in fill material. A fill system, including 
an existing fill site, may be approved where soil 
and site conditions prohibit the installation of a 
conventional or modified septic tank system if 
the requirements of this Paragraph are met. 
(1) New fill systems may be installed on sites 
where at least the first 18 inches, as deter- 
mined from the naturally occurring soil 
surface, consists of suitable soil, and or- 
ganic soils, restrictive horizons, saprolite 
or rock are not encountered. Further, no 
soil wetness condition shall exist within 
the first 12 inches as determined from the 
naturally occurring soil surface. The fol- 
lowing requirements shall be met: 

(A) Nitrification trenches shall be installed 
with at least 24 inches separating the 
trench bottom and any soil horizon un- 
suitable as to soil structure, clay mineral- 
ogy, organic soil, rock or saprolite. 

(B) Nitrification trenches shall be installed 
with at least 18 inches separating the 
trench bottom and any soil wetness con- 
dition. The separation requirement for 
soil wetness conditions may be met with 



the use of a groundwater lowering system 
only in Group I (sand, loamy sand) soils. 

(C) Fill systems shall be installed onJ^ on 
sites with uniform slopes less than 15 
percent. Surface water diversions and 
subsurface interceptor drains or swales 
may be required upslope of the fill system. 

(D) The long-term acceptance rate shall be 
based on the most hydraulically limiting 
soil horizon within 24 inches of the na- 
turally occurring soil surface. The lowest 
long-term acceptance rate for the applica- 
ble soil group shall be used for systems 
installed pursuant to this Rule. The 
long-term acceptance rate shall not exceed 
0.8 gallons per day for gravity distribution 
or OA gallons per day for low-pressure 
pipe systems. 

(E) If the new fill system uses low-pressure 
pipe distribution, all the requirements of 



NORTH CAROLINA REGISTER 



344 



PROPOSED RULES 



Parauaph (a) of this Rule, except Para- 

>rraph (a)(2)(l)), shall apply. Systems with 
a dcsiLm daily flow ucater than 480 gal- 
k)ns per day shall use low-pressure pipe 
distribution. 

(1-) 1 ill inatcnal shall have such soil texture 
to be classified as sand or loamy sand 
(Soil Ciroup ]i u£ l£ lll£ top of the 
nitnlication trenches. Ihc final six inches 
of till used to cover the system shall have 
a finer texture (Cjroup H. Ill, or IV) for 
the estahlishment of a \'egetative cover. 
The fill matcnal shall have no more than 
ten percent by volume of fibrous organics, 
building rubble, or other debris. The fill 
shall not ha\e discreet la\'ers containing 
greater than 35 percent of shell fragments. 

(G) Where fill matcnal is added, the fill 
matcnal and the existing soil shall be 
mixed to a depth of si^ inches below the 
interface 1 lea\'\' \egetati\e co\er or or^ 
game litter shall be remo\ed before the 



additional till matenal is incorporated. 
(H) Ihe fill system shall be constructed as 
an elongated benn with the long axis par- 
allel to the ground ele\ation contours of 
the slope . 



inches or greater below the existing 
ground surface. 
(D) "I he system installed on a site pursuant 
to this Rule shall use low-pressure pipe 
distribution and meet all the requirements 
of Paragraph (a) of this Rule, except 
(a)(2)(B). Ihe long-term acceptance rate 
shall not exceed 0.4 gallons per day per 
square foot. Nitnfication trenches shall 
be installed with at least 24 inches sepa- 
rating the trench bottom and any soil 
wetness condition. 
(F) The a\ailable space requirements of 

Rule .1945(a) and (b) shall apply. 
[F} Only a single sanitary sewage system 
with a design flow of 480 gallons per day 
or less shall be appro\ed on a lot or tract 
of land pursuant to this Rule. 
(3) Other systems mav be installed in fill if the 
requirements of I'aragraph (c) of this Rule 
are met. 
(c) A site classified as IJNSLITABI F which 
cannot be appro\ed for a s\stem in accordance 
with Rule .1956, and Paragraphs (a) or (b| of this 
Rule may be used for a ground absorption sew- 
age treatment and disposal system if wntten 
documentation, including engmeering. 



(I) Ihe side slope of the fill shall not exceed hydrogeologic. geologic, or soil studies, indicates 

a nse to run ratio of 1:4. 
(.1) The c^utside edge of the nitrification 

trench shall be located at least \'\\c teet 



to the local health department that the proposed 
system can reasonably be expected \o_ function 

satisfactonly. Such sites ma\ be reclassified as 

honzontallv from the IO£ (M the side PROVISIONAl L t' Sill API F if the local 
lope. health department determines that the adequate 

substantiating data indicates that: 

( 1 ) a ground absorption system can be in- 
stalled so that the ctTluent will receive ad- 



(K) Ihe fill system shall be shaped to shed 
surface water and shall be stahili/ed with 
a \egetati\e co\er against erosion. 

(F) 1 he setback requirements shall be 
measured from the projected toe of a 1:4 
side slope. 
(2) An existing fill site may be utili/ed for a 
sanitar\' sewage s\stem if the following 
requirements are met: 

(.\) Substantiating data are provided by the 
lot (nvner (jf not readily a\'ailable to the 
local health department ) indicating that 
the hi] matcnal was placed on the site 
pnor to July _[_, V^TL 

(B) The fill matenal shall ha\'e such soil 
texture to be classified as sand or loamy 
sand (Group l| for a depth of at least 48 
inches below the existing ground siirlace. 
1 he fill matenal shall ha\e no more than 
ten percent by \olume of fibrous organics, 
building nibble, or other debris. Ihe fill 
shall not ha'.e discreet la\ers containing 
greater than 35 percent o\_ shell fragments. 

(C) Soil wetness conditicms. as determined 
bv Rule .1942(a) in this Section, are 36 



equate treatment; 

(2) the effluent will not contaminate ground 
water or surface water; and 

(3) the effluent will not be exposed on the 
ground surface or be discharged to surface 
waters where it_ could come in contact 
with people, animals, or \cc1ors. 

The state shall re\iew the substantiating data if 
requested bv the local health department. 

Staluturj' Authority G.S. J30A-335(e). 

.1958 NON-GROLND ABSORPTION SEWAGE 
TREATMENT S^ STEMS 

(b) Holding tanks shall not be considered as 
an acceptable sewage treatment and disposal sys- 
tem and their use is prohibited, except as pro- 
\ided in Table V in Rule .1961 of this Section. 

(e) Chcmicul toilcti i &h+*H b^ w^e4 temporarily 
t*+f mar . f i guthenngr f . con i' truction rat e; !, e* other 



placcT i «*f bur . in e' iG »f public a ii i r ombly fof non 
pormanent tK(^ Properly managed chemical or 



345 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



portable toilets for human waste may be used at 
mass gatherings, construction sites, and labor 
work camps. Chemical or portable toilets pro- 
posed for use at a labor work camp shall have an 
operation permit from the local health depart- 
ment upon a showing by the owner or controller 
that the chemical or portable toilet shall be 
maintained in a sanitary condition. Chemical or 
portable toilets shall have a watertight waste re- 
ceptacle constructed of nonabsorbent, acid re- 
sistant, noncorrosive material. The chemical or 
portable toilet waste collected shall be discharged 
into an approved sewage treatment and disposal 
system. 

Statutory Authority G.S. l30A-33S(e). 

.I960 MAINTENANCE OF PRIVIES 

(b) The tenant or person occupying the prop- 
erty shall be responsible for these requirements: 
(4) Flies shall be excluded from the pit at all 
times. The application ef a cupful ef 
korosono ef usod »ii onc e oach wook wiU 
aDoiot m oontroUiF tg motiquito brooding 
aft4 koop down oduro. 

Statutory Authority G.S. l30A-335(e). 

.1961 MAINTENANCE OK SEWAGE SYSTEMS 

(b) Sept ag e rumovod from ground aboorption 
oowug e treatment aft4 dir f pooal Dyiitome nhall be 
properly dispO!> e d ef eftly at appro^'od locutions 
m aooordajice with upplicablo lawo, ruloo, aH4 
rogulationo aft4 consistent with good public 
houlth practice, tf septage is applied tt» the land, 

location within 34 hours. Proper disposal ef 
soptago shall be the rooponsibility ef tfee person 
providing the septage pumping oor^'ico. System 
management in accordance with Table V shall 
be required for all systems installed or repaired 
after January 1 , 1 99 1 , for engineered systems with 
capacities or greater than 3000 gallons per day 
instaUcd prior to January 1, 1991, and for systems 
which utilize mechanical, biological or chemical 
pretreatmcnt other than septic tanks installed 
prior to January 1, 1991. After July 1, 1990 prior 
to issuance of an improvement permit for Type 
IV, J'vpe V, Type VI, or Type VII systems, a 
management entity of the type specified in Fable 
V must be in place in the county or service dis- 
trict in which the system is to be located. The 
management entity shall be responsible for per- 
formance inspections of the system at the fre- 
quency specified by Table V and shall report the 
results of their inspections to the local health de- 
partment at the specified reporting frequency. 
However, where performance inspections indi- 



cate the need for system repairs, the management 
entity shall report to the local health department 
within 48 hours. The management entity shall 
be responsible for routine maintenance proce- 
dures in accordance with the operations permit. 



System 
Classification 

Type I 



Type H 



Type III 



Type IV 



Type V 



TABLE V(a) 

System 
Description 

a^ Privy 

K Chemical toilet 
c^ Incinerating toilet 
(L Other toilet system 
e^ Grease trap 

a^ Conventional septic 
system (single-family 
or 480 GPP or less) 

K Conventional septic 
system with 750 linear 
feet of nitrification 
line or less 

a Conventional system 
with shallow placement 

a^ Septic system with 

single effluent pump 
b^ Gravity mound 
c^ Dual gravity field 
dL PPBPS system, gravity 

dosed 
e^ large diameter pipe 

system 
f Other non-conventional 



trench systems 

LPP 

Pressure mound 



b_ 

a System with more than 

1 pump or siphon 
d. PPBPS system with 

pressure distribution 
e^ Other trench systems 

with pressure 

distribution 
f Open ditch drainage 

for 2 or more lots 
g^ Sand filter 

pretreatmcnt systems 

a^ Pump drainage 
K Package treatment 

plants 
c^ Chemical treatment 

plants 
d. Other mechanical. 



NORTH CAROLINA REGISTER 



346 



PROPOSED RULES 



Type VI 



Type VII 



biological, or 
chemical prctrcatment 
systems 
e. Any > 3,000 GPP 
system 

a. Any > 3,000 GPP 
system with mechanical, 
biological, or chemical 
pretreatment system 

a^ Wastewater reuse/recycle 
K Flolding tanks 



Type V 



Permit 
Permits Renewal 

Required Frequency 

Improyement Permit N/A 

Operation i'crmit 

Improvement Permit N/A 

C.'crtificate of Completion 

Improvement Permit 5 vrs. 

Operation Pennit 

Improvement Permit 3 yrs. 

Operation Permit 

Improvement Penmt 2 vrs. 

Operation Permit 

Improvement Permit 2 yrs. 

Operation Permit 

Impro\ement Permit j_ vr. 

Operation Permit 



TABLE V(b) 

Management 
I'ntitv 

Owner 



System 
Classification 

Type I 

Type II 

lype III 

Type IV 



Owner 



Owner 



Public 
Management 
l-ntitv 



Type VI 
Type VII 



Public 

Management 

Entity 
Certified Operator 

(> 3000 GPP 

system only) 

PubUc 
Management 
Entity 

Public 

Management 
Entity 



Minimum System 

Inspection/ 

F'requency 

N/A 

N/A 

N/A 

2 yr. 

12vr. 



l/wk(3000- 10000 GPP) 
2/vvk( 10000-25000 (iPP) 
3'wk(25000-50000 GPP) 
5/wk( > than 75000 GPP) 

12/yL 



Certified 
Operator 

N/A 

N/A 

N/A 

Optional 

Required 

Required 



Required 
for Reuse/ 
Recycle 



Reporting 
Frequency 

N/A 

N/A 

N/A 

1/vr- 

4/yr. 



4/yr. 



Certified Operator 
Certified Installer 



Statutory Authority G.S. /30A-294; /30A-335(e). 

.1964 INTERPRETATION AND TECHNICAL 
ASSISTANCE 

(a) The provisions of this Section shall be in- 
terpreted, as applicable, in accordance with the 
recognized principles and practices of soil science, 
geology, engineering, and public health. 

Statutory Authority G.S. J30A-335(e). 

TITLE 15 - DEPARTMENT OF N.ATl RAL 

RESOLRCES AND COMMIAITV 

DEVEEOPMENT 



Jyotice is hereby given in accordance with G.S. 
1 SOB- 1 2 that the Em'ironmental .Management 



347 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



Commission intends to amend rule(s) cited as 15 
NCAC2B .0303. 

I he proposed effective date of this action is De- 
cember I, 1989. 

1 he public hearing will be conducted at 7:00 
P.M. on July 25, 1989 at Courtroom A, Macon 
County Courthouse, 5 West Main Street, 
Franklin, NC. 



Co 



'Omment Procedures: All persons interested in 
this matter are invited to attend. Comments, 
statements, data, and other information may be 
submitted in writing prior to, during, or within 
thirty (30) days after the hearing or may be pre- 
sented orally at the hearing. Oral statements may 
be limited at the discretion of the hearing officer. 
Submittal of written copies of oral statements is 
encouraged. For more information contact Steve 
Zoufaly, Division of Environmental Management, 
P. O. Box 27687, Raleigh, NC 2761! (919) 
733-5083. 

CHAPTER 2 - ENVIRONMENTAL 
MANAGEMENT 

SUBCHAPTER 2B - SI RFACE WATER 
STANDARDS: MONITORING 

SECTION .0300 - ASSIGNMENT OF STREAM 
CLASSIFICATIONS 

.0303 LITTLE TENN RIVER BASIN AND 

SAVANNAH RIVER DRAINAGE AREA 

(c) The Little Tennessee River Basin and 
Savannah River Drainage Area Schedule of 
Classifications and Water Quality Standards was 
amended effective: 

(1) February 16, 1977; 

(2) March 1, 1977; 

(3) July 13, 1980; 

(4) February 1, 1986; 

(5) October 1, 1987; 

(6) March 1, 1989; 

(7) December 1, 1989. 

(e) The Schedule of Classifications and Water 
QuaUty Standards for the Watauga River Basin 
was amended effective December Jj 1989 as fol- 
lows: 

(1) North Fork Coweeta Creek (Index No. 
2-10-4) and Falls Branch (Index No. 
2-10-4-1) were reclassified from Class C 
to Class B. 

(2) Bumingtown Creek (Index No. 2-38) was 
reclassified from C-trout to B-trout. 



****************** 

Jy otice is hereby given in accordance with G.S. 
1508-12 that the Environmental Management 
Commission intends to amend rule(s) cited as 15 
NCAC2B .03H. 

1 he proposed effective date of this action is De- 
cember I. 1989. 

1 he public hearing will be conducted at 2:00 P. 
M. and 7:00 P.M. on July 20, 1989 at 

Municipal Building 

Council Chambers 

425 S. Lexington Ave. 

Burlington, NC 

2:00 P.M. 

Guilford County Courthouse 

Courtroom 2A, New Courthouse 

20 J S. Eugene Street 

Greensboro, NC 

7:00 P.M. 



Cc 



Statutory Authority 
l43-2l5.3(a)(l). 



G.S. 1 43-2 14. 1; 1 43-2 1 5. 1 ; 



omment Procedures: All persons interested in 
this matter are invited to attend. Comments, 
statements, data, and other information may be 
submitted in writing prior to, during, or within 
thirty (30) days after the hearing or may be pre- 
sented orally at the hearing. Oral statements may 
be limited at the discretion of the hearing officer. 
Submittal of written copies of oral statements is 
encouraged. For more information contact Steve 
Zoufaly, NRCD, Drv. of Environmental Manage- 
ment, P. O. Box 27687, Raleigh, NC 27611 
(919) 733-5083. 

.031 1 CAPE FEAR RIVER BASIN 

(b) The Cape Fear River Basin Schedule of 
Classifications and Water Quality Standards was 
amended effective: 

(1) March 1, 1977; 

(2) December 13, 1979; 

(3) December 14, 1980; 

(4) August 9, 1981; 

(5) Apnl 1, 1982; 

(6) December 1, 1983; 

(7) January 1, 1985; 

(8) August 1, 1985; 

(9) December I, 1985; 

(10) February I, 1986; 

(11) July 1, 1987; 

(12) October 1, 1987; 

(13) March I, 1988; 



NORTH CAROLINA REGISTER 



348 



PROPOSED RULES 



(14) June 1, 1988; 

(15) July 1, 1988; 

(16) December 1, 1989. 

(c) [he Schedule of Classifications and Water 
Quality Standards for the Cape I ear River Basin 
has been amended effective December \^ 1989 as 
follows: 

(4] Big Alamance Creek [Index No. 16-19-(1)| 
from source to Kayser-Roth Hosiery Co., 
Inc. water intake including all tributaries 
has been reclassified from Class WS-Ill 
NSW and Class C NSW to Class WS-Il 
NSW. 

Statutory Authority G.S. 143- 2 1 4. 1; / 43- 2/5. J; 

l43-2l5.3(a)(l). 

TITLE 21 - OCCUPATIONAL LICENSING 
BOARD 



Psotice is hereby given in accordance with G.S. 
150B-I2 that the North Carolina Board of Archi- 
tecture intends to amend rules cited as 21 NCAC 

2 .0207 -.0209 and .0302. 

I he proposed effective date of this action is Oc- 
tober I, I9S9. 

1 he public hearing will be conducted at 2:00 
p.m. on July J 7, I9S9 at North Carolina Board 
of Architecture, 501 N . Blount Street, Raleigh, 
NC 27604. 



Co 



omment Procedures: Written comments must 
be submitted to the Board on or before July 13, 
1989, to the Executive Director, Mrs. Cynthia B. 
Skidmore, 50! N. Blount St., Raleigh, NC 27604. 
Oral comments may be presented at the hearing. 

CHAPTER 2 - BOARD OF ARCHITKCTLIRE 

SECTION .0200 - PRACTICE OF 
ARCHITECTURE 

.0207 DENIAL: SUSPENSION OR 
REVOCATION OF LICENSE 

(a) Denial. The Board may refuse to grant an 
examination, or after examination refuse to grant 
a license for the practice of architecture, to any 
person convicted of a felony, or who, in the 
opinion of the Board, has been guilty of dishon- 
est or unprofessional conduct, or lacks good 
moral character as defmed in G.S. 83A- 1(5). 

il^ . . . 

(b) Discipline Affecting License. The Board 

may levy a civil penalty, reprimand, suspend for 
a period of time, or revoke any corporate certif- 



icate of registration or discipline a licensee pur- 
suant to G.S. 83A-15. 

Statutory Authority G.S. 83-/5; 83A-/; 83A-6; 
83 A -7. 

.0208 DISHONEST CONDUCT 

In addition to those grounds as stated in G.S. 
83A-I5(1) the following acts or omissions, 
among others, may be deemed to be "dishonest 
conduct" and to be cause for the levy of a civil 
penalty or for a denial, suspension, or revocation 
of a license or certificate of registration to practice 
architecture: 

(1) Deceitful Statements. It shall be deemed 
dishonest conduct to make untrue or 
deceitful statements in an application for 
examination, any other application to the 
Board or in any statements or represent- 
ations to the Board or a committee of the 
Board. 

(2) Misrepresentation. It shall be deemed dis- 
honest conduct for an architect to permit the 
use of his professional seal by others, or 
otherwise represent himself as the author of 
drawings or specifications which are not 
personally prepared by him or under his di- 
rect supervision. However, "standard design 
documents" prepared by architects who are 
registered in this state or in their state of or- 
igin may be sealed by a succeeding licensed 
architect registered in North Carolina pro- 
vided: 

(a) the seal of the original architect appears 
on the documents to authenticate author- 
ship; 

(b) the words "standard design document" 
appear on each sheet of the documents 
prepared by the original architect; 

(c) the succeeding North Carolina architect 
clearly identifies all modifications to the 
standard design documents; 

(d) the succeeding North Carolina architect 
assumes responsibility for the adequacy 
of the design for the specific application 
in North Carolina and for the design 
conforming with applicable building 
codes; and 

(e) the succeeding North Carolina architect 
affixes his seal to the standard design 
documents and a statement substantially 
as follows: "These documents have been 
properly examined by the undersigned. I 
have determined that they comply with 
existing local North Carolina codes, and I 
assume responsibility for the adequacy of 
the design for the specific application in 
North Carolina." 



349 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



(3) Contributions. It shall be deemed dishon- 
est conduct for an architect to make or 
promise to make contributions of money or 
service, with the intent to bribe, for the 
purpose of securing a commission or influ- 
encing the engagement or employment of an 
architect for a project. 

Statutory Authority G.S. 83A-6; 83A-I4; 83A-J5. 

.0209 UNPROFESSIONAL CONDUCT 

In addition to those grounds as stated in G.S. 
83A-15(3) the following acts or omissions, 
among others, may be deemed to be "unprofes- 
sional conduct", and to be cause for the levy of 
a civil penalty or for denial, suspension, or re- 
vocation of a hcense or certificate of registration 
to practice architecture: 

(1) Compliance With Laws. It shall be deemed 
unprofessional conduct for an architect, in 
the conduct of his or her professional prac- 
tice, to knowingly violate any state or federal 
criminal law. A criminal conviction shall 
be deemed prima facie evidence of know- 
ingly violating the law. 

(2) Compliance With Foreign Registration. It 
shall be deemed unprofessional conduct for 
an architect to knowingly violate the laws 
governing the practice of architecture or the 
rules promulgated by any other architectural 
hcensing board in any United States juris- 
diction. A fmding by a foreign architectural 
registration board that an architect has vio- 
lated a law or rule governing the practice of 
architecture shall be deemed prima facie ev- 
idence of knowingly violating the law or 
rule. 

(3) Product Specification. It shall be deemed 
unprofessional conduct for an architect to 
soHcit or accept financial or other valuable 
consideration from material or equipment 
supphers for specifying their products. 

(4) Advertising. It shall be deemed unprofes- 
sional conduct for an architect to engage in 
any false, deceptive, fraudulent, or mislead- 
ing advertising. 

(5) False Statements. It shall be deemed un- 
professional conduct for an architect to 
knowingly make false statements about the 
professional work or to maliciously injure 
the prospects, practice, or employment po- 
sition of others active in the design and 
construction of the physical environment. 

(6) Evasion. 

(a) It shall be deemed unprofessional conduct 
for an architect, through employment by 
building contractors, or by another not 
holding an individual or corporate certif- 



icate from the Board, to enable the em- 
ployer to offer or perform architectural 
services, except as provided in G.S. 
83A-I3. 

(b) It shaU be deemed unprofessional conduct 
for an architect to furnish limited services 
in such manner as to enable owners, 
draftsmen, or others to evade the public 
health and safety requirements of Chapter 
83A or the building permit requirements 
of Chapter 160A of the North Carolina 
General Statutes. 

(c) When building plans are begun or con- 
tracted for by persons not properly li- 
censed and qualified, it shall be deemed 
unprofessional conduct for an architect to 
take over, review, revise, or sign or seal 
such drawings or revisions thereof for 
such persons, or do any act to enable ei- 
ther such persons or the project owners, 
directly or indirectly, to evade the re- 
quirements of Chapter 83A or G.S. 
160A-417. 

(7) Branch Office. It shall be deemed unpro- 
fessional conduct for an architect to main- 
tain or represent by sign, listing, or other 
maimer that he maintains an architectural 
office or branch office unless such office is 
continuously staffed with a registered archi- 
tect in charge. Provided, however, that this 
Rule does not apply to on-site project of- 
fices during construction. 

Statutory Authority G.S. 83A-6; 83A-I4; 83A-I5. 

SECTION .0300 - EXAMINATION 
PROCEDURES 

.0302 WRITTEN EXAMINATION 

(a) Licensure Examination. All applicants for 
architectural registration in North Carolina by 
written examination must pass the Architectural 
Registration Examination (ARE) prepared by 
the National Council of Architectural Registra- 
tion Boards (NCARB). 

(1) Description. The nature of the examina- 
tion is to place the candidate in areas re- 
lating to actual architectural situations 
whereby his abilities to exercise competent 
value judgements will be tested and eval- 
uated. 

(2) Qualifications. The prequalifications 
necessary for an applicant's admission to 
the Architectural Registration examina- 
tion (ARE) are as follows: 

(A) be of good moral character as defined 
in North Carolina General Statute 
83A-l(5); 



NORTH CAROLINA REGISTER 



350 



PROPOSED RULES 



(B) be at least 18 years of age; 

(C) hold a degree in architecture from a 
college or university where the degree 
program has been approved by the Board, 
or professional education equivalents as 
outlined and defmed in the North 
Carolina Board of Architecture's Table of 
Equivalents for Education and Experi- 
ence, Appendix A; beginning July \^ 1991, 
the professional education qualification 
shall be a N.AAB (National Architectural 
Accrediting Board) accredited professional 
degree m architecture; 

(D) have three years practical training or 
experience in the offices of registered ar- 
chitects or its equivalent as outlined and 
defmed in the North Carolina Board of 
Architecture's Table of Equivalents for 
Education and Experience, Appvendix A. 
All applicants who apply for architectural 
registration subsequent to July 1, 1987 
shall be required to follow the Intern De- 
velopment Program (IDP) through the 
National Council of Architectural Regis- 
tration Boards or an equivalent program 
approved by the North Carolina Board 
of y\rchitecture in order to satisfy the re- 
quirements of this Section. In the case 
of any applicant certifying to the Board 
that he or she had accrued sufficient 
training credits under the requirements of 
the current Appendix A prior to July 1, 
1987, so that 12 or fewer months of 
training remained to be acquired, then the 
current Appendix A shall continue in ef- 
fect for such applicant. 

(b) Content. The ARE comprises nine divi- 
sions as follows: 
Division A: 
Division B: 
Division C: 
Division D: 
Division E: 



Pre-design 
Site Design 
Building Design 
Structural - General 
Structural - Lateral 
Forces 

Structural - Long 
Span 

Mechanical, Plumbing, 
Electrical 

and Life Safety Systems 
Materials and Methods 
Construction Documents 
and Services 
(c) Retention of Credit. Applicants who had 
passed portions of the previous registration ex- 
aminations (Professional Examination - Section 
A, Professional Examination - Section B and 
Qualifying Test) will receive the transfer credit set 
forth below and need only take those divisions 



Division F: 



Division G: 



Division H: 
Division I: 



of ARE for which no transfer credit has been re- 
ceived. To be eligible for transfer credits for any 
portion of the Professional Examination - Sec- 
tion B, the applicant must have passed three 
parts of that examination in one sitting, in or af- 
ter Etecember, 1980. 

Transfer credits to the ARE from the previous 
NCARB examinations are as follows: 



Previous 
Examinations 
Passed 

Professional 
Examination, 
Section B, 
Parts 1 & II 

Professional 
Examination, 
Section A 
(Design/Site) 

Professional 
Examination, 
Section B, 
Part III 

Qualifying Test 
Section A 



Credit to ARE Divisions 



Division A 



Divisions B & C 



Divisions D, E, F, 
GandH 



NO CREDIT 



(History and Theory of Architecture are incor- 
porated into all divisions of the ARE). 



Divisions D, E, F 



Division G 



Division H 



Division I 



Qualifying Test, 
Section B 

Qualifying Test, 
Section D 

Qualifying Test, 
Section C 

Professional 
Examination, 
Section B, 
Part IV 



(d) Practical Training. Practical training means 
practical experience and diversified training as 
defmed in the North Carolina Board of Archi- 
tecture's Table of Equivalents for Education and 
Experience, Appendix A. However, the Board 
reserves the right to judge each case on its own 
merits. 

(^ Filing Application. AA ft^w applic ^ ationo 
aft4 supporting documonto fof writton examina 



351 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



V^^^TT ^^^^^^T ^^F WI I I I IV 11 1 1 1 l\J \H llKnJ TTT ll lU TTTT^CT^X I l\J I. 

iUT\,'r ^^TC^^ ;^T^Tr^T i \j\ \ji i-n^vi i t v^ir rcrr ex iv i 1 1 v lj ttt 

ordor fof tfe* applicant'o eligibility to fee deter 
minod aft4 h» order Aat- the candidate may re- 
ceive proper inotructions te pr e par e fof tbe 
e xamination. 

(1^ (e) Personal Audience. The candidate may 
be required to appear personally before the ex- 
amining board or a designated representative of 
the Board and afford the Board an opportunity 
to judge his natural endowments for the practice 
of architecture, his ethical standards, and by 
questions gain further knowledge of his fitness for 
the practice of architecture. The time for this 
audience will be set by the examining body. 

(g^ (f} Grading. The ARE shall be graded in 
accordance with the methods and procedures re- 
commended by the NCARB. 

(1) To achieve a passing grade on the ARE, 
an applicant must receive a passing grade 
of 75 in each division. Grades from the 
individual divisions may not be averaged. 
Applicants will have unlimited opportu- 
nities to retake divisions which they fail, 
but all divisions, previously failed, must 
be retaken at one time at a subsequent 
examination. 

(2) In order to insure fairness in grading and 
to prcscr\e anonymity until after the ex- 
aminations have been graded, each candi- 
date will receive a number that will be 
unique for each candidate. This number 
shall be placed by the candidate on all 
papers and exhibits. 

ft*^ (g) Time and place. Beginning in 1983, the 
Board will administer the ARE over a four day 
period to all applicants eligible, in accordance 
with the requirements of this Rule. The place 
and exact dates wiU be announced in advance of 
the examination. 

Statutory Authority G.S. 83A-I; S3A-6; S3A-7. 

TITLE 23 - DEPARTMENT OF 
COMMUMTY COLLEGES 

lyotice is hereby given in accordance with G.S. 
I SOB- 1 2 that the State Board of Community 



Colleges/ Department of Community Colleges in- 
tends to adopt rule(s) cited as 23 NCAC 2C 
.0604. 

1 he proposed effective date of this action is Oc- 
tober I, 1989. 

1 he public hearing will be conducted at 10:00 
a.m. on July 18, 1989 at First Floor, State Board 
Conference Room, Caswell Building, 200 West 
Jones Street, Raleigh, NC 27603-1337. 

i^omment Procedures: A ten-minute time limit 
per person may be imposed for oral presentations. 
The number of persons making oral presentations 
may be limited in order to stay within the time 
mailable. Individuals who plan to make oral 
presentations must submit their remarks in writing 
to the hearing officer. This procedure will assist 
the hearing officer in organizing and reporting in- 
formation to the SBCC. Written statements not 
to be presented at the hearing should be directed 
to Mr. J. W. Fades, Hearing Officer, Department 
of Community Colleges, 200 West Jones Street, 
Raleigh, N. C. 27603-1337 by July 17, 1989. 

CH.^PTER 2 - COMMUNITY COLLEGE 

SUBCHAPTER 2C - INSTITUTIONS: 
ORGANIZATION AND OPERATIONS 

SECTION .0600 - INSTITUTIONAL 
EVALUATION 

.0604 CURRICULUM PROGRAM REVIEW 

Each college shall monitor the quality and vi- 
ability of each of its curriculum programs. Each 
program shall be reviewed at least once every five 
years with regard to the achievement of its stated 
purpose, quality of instruction, curriculum de- 
sign, cost, student outcomes, and contribution to 
the overall mission of the college. Summary re- 
ports of these reviews shall be transmitted to the 
State President. 

Statutory Authority G.S. I/5D-5. 



NORTH CAROLINA REGISTER 



352 



FINAL RULES 



LJ pon request from the adopting agency, the 
text of rules will be published in this section. 

W hen the text of any adopted rule is iden- 
tical to the text of that as proposed, adoption 
of the rule will be noted in the "List of Rules 
Codified" and the text of the adopted rule 
will not be republished. 

/l dopled rules filed by the Departments of 
Correction, Revenue and Transportation are 
published in this section. These departments 
are not subject to the provisions ofG.S. I50B, 
Article 2 requiring publication of proposed 
rules. 



TITLE 17 - DEPARTMENT OF REVENUE 

CHAPTER 7 - SALES AND LSE TAX 

SLBCJL\PTER 7B - STATE SALES AND LSE 
TAX 

SECTION .0100 - GENERAL PROVISIONS 

.0123 COMMERCIAL FISHERMEN 

(a) A Commercial Fisherman's Certificate, 
Form E-558, may be completed by a person who 
fishes commercially and accepted by a retail or 
wholesale merchant as the merchant's authority 
to sell to a commercial fisherman boats, fuel oil, 
lubricating oils, machinery, equipment, nets, rig- 
ging, paints, parts, accessories and supplies, such 
as paint brushes, acetyline, oxygen, paint rollers, 
funnels, sanding discs, welding rods, saw blades, 
drill bits, and similar property, including foul 
weather gear, gloves and life vests, for use by 
them principally in commercial fishing oper- 
ations without charging and remitting any sales 
or use tax thereon. The term "commercial fish- 
ing operations" means all operations preparatory 
to, during, and subsequent to the taking of all 
marine mammals, all shellfish, all crustaceans and 
aU other fishes: 

(1) with the use of commercial fishing equip- 
ment; or 

(2) by any means, if a primary purpose of 
taking is to sell the fish; 

Commercial fishing operations also include 
charter boat and head boat operators when they 
operate under a charter or as a head boat taking 
people fishing for hire, but does not include per- 
sons principally taking fish for recreation or per- 
sonal use or consumption. Each certificate 
should be prepared in duphcate and a copy re- 



tained by the commercial fisherman and by the 
merchant. 

(b) To be exempt from sales or use tax under 
the provisions of G.S. 105-164.13(9), the prop- 
erty must be of a type named therein and must 
be sold to persons for use by them principally in 
commercial fishing operations. The certificate 
may not be used to purchase food, clothing or 
other personal effects of commercial fishermen 
other than foul weather gear, gloves and life vests 
for use in commercial fishing operations. Sales 
to commercial fishermen of food, tableware, 
toothpaste, soap, or other personal effects of 
commercial fishermen are subject to the applica- 
ble sales or use tax. Vendors selling taxable tan- 
gible personal property to fishermen should make 
reasonable and prudent inquiry concerning the 
type and character of the tangible personal prop- 
erty as it relates to the business of commercial 
fishermen. Every vendor shall keep and preserve 
suitable records of the gross income, gross re- 
ceipts and/or gross receipts of sales of such busi- 
ness and such other books, records or accounts 
as may be necessary to determine the amount of 
tax for which he is liable. It shall be presumed 
that all gross receipts of such vendors are subject 
to the retail sales tax until the contrary is estab- 
lished by proper records. 

History Note: Statutory Authority G.S. 
105-164.4; 105-164.6; 105-164.13; 105-262; 
Eff July 5. 1980: 

Amended Eff July I, I9S9; January 3, 1984; 
November I, 1982; January I. 1982. 

SECTION .1400 - SALES OF MEDICINES: 
DRUGS AND MEDICAL SUPPLIES 

.1406 BLOOD PRODUCTS: BODY TISSUE 

Transactions involving the procurement, proc- 
essing, distribution or use of whole blood plasma, 
blood products, blood derivatives and other body 
tissue or organs that are to be injected, transfused 
or transplanted into the human body are deemed 
to be services and any charges therefor are ex- 
empt from sales or use tax pursuant to the pro- 
visions of G.S. 130A-410. 

History Note: Statutory Authority G.S. 
105-164.3; 105-262; 105-264; 130.4-410; 
Eff February I, 1976; 
Amended Eff July I, 1989; September 14. 1977. 

SECTION .1800 - HOSPITALS AND 
SANITARIUMS 

.1801 SALES TO AND BY HOSPITALS: ETC. 

(a) I lospitals and sanitariums are primarily en- 
gaged in rendering services and are deemed to be 
the users or consumers of all tangible personal 



353 



NORTH CAROLINA REGISTER 



FINAL RULES 



property which they purchase for use in con- 
nection with the operation of such institutions. 
Hospitals and sanitariums are, therefore, liable 
for payment of sales or use tax on their purchases 
of such property except as hereinafter set forth. 

(b) Hospitals and sanitariums are deemed to 
be the users or consumers of drugs or medicines 
which they administer to patients. Purchases by 
hospitals and sanitariums of drugs or medicines, 
other than insulin, for such use are subject to the 
three percent state and applicable local sales or 
use tax. Effective August 1, 1988, sales of insulin 
are exempt from sales or use taxes whether or not 
sold on prescription. If, in addition to using 
drugs or medicines in administering to patients, 
a hospital or sanitarium operates a pharmacy 
from which it makes across the counter sales of 
medicines and drugs, and all purchases of medi- 
cines and drugs by such institution are made 
through the pharmacy, then the drugs or medi- 
cines may be purchased without payment of tax 
to suppliers provided the institution is registered 
with the Department of Revenue for sales or use 
tax purposes and has furnished the suppliers with 
properly executed certificates of resale. Form 
I:- 590. By executing the certificates of resale, the 
hospital or sanitarium assumes the liability for 
payment of and must pay directly to the depart- 
ment all sales or use taxes due on drugs and 
medicines which are used by the institution in 
administering to and caring for its patients. Sales 
of drugs and medicines by the pharmacy on pre- 
scription of physicians and dentists are exempt 
from tax. Sales of drugs and medicines without 
written prescriptions of physicians or dentists are 
taxable at three percent; except, effective August 
1, 1988, sales of insulin are exempt from sales or 
use tax whether or not sold on prescription. 
Sales of drugs and medicines, other than insulin, 
to physicians and dentists who administer the 
same to their patients in rendering professional 
services are also subject to the three percent state 
and apphcable local sales or use tax. 

(c) Purchases by hospitals and sanitariums of 
foodstuffs for use in furnishing meals to patients 
are subject to the three percent sales or use tax. 
If, in addition to furnishing meals to patients, a 
hospital or sanitarium operates a cafeteria from 
which it makes sales of prepared meals or foods 
to guests, visitors, employees, staff or other per- 
sons such institution must register with the De- 
partment of Revenue and collect and remit the 
tax on its sales. If the foodstuffs purchased by 
such institution for use in furnishing meals to 
patients cannot be distinguished from those pur- 
chased for resale through the cafeteria, the hos- 
pital or sanitarium may purchase all the 
foodstuffs under a certificate of resale. The hos- 
pital or sanitarium thus assumes liability for 



payment of the three percent sales or use tax on 
foodstuffs used in furnishing meals to its patients 
and the three percent sales tax on sales of meals 
by the cafeteria. 

(d) Meals and food products served to students 
in dining rooms regularly operated by state or 
private educational institutions are exempt from 
tax; thus, if a hospital serves meals and food 
products to student nurses, such sales are exempt 
from tax. 

(e) Sales of crutches, artificial limbs, artificial 
eyes, hearing aids, false teeth, eyeglasses ground 
on prescription of physicians, oculists or 
optometrists, and other orthopedic appliances 
when the same are designed to be worn on the 
person of the owner or user are not subject to 
sales or use tax; therefore, any sales of such 
property to hospitals or sanitariums or by hospi- 
tals or sanitariums are exempt from the tax. 

(f) Except as provided by Paragraphs (b) and 
(c) of this Rule, certificates of resale may not be 
used by hospitals and sanitariums when making 
taxable purchases of tangible personal property 
for use or consumption. The tax due on taxable 
purchases from North Carolina suppliers or out- 
of-state suppliers who charge North Carolina 
sales or use tax must be paid to the suppliers. 
Hospitals and sanitariums which make taxable 
purchases from out-of-state suppliers who do not 
collect and remit North Carolina sales or use tax 
thereon must register with the department and 
remit monthly the tax due on such purchases. 

History Note: Statutory Authority G.S. 
JOS- / 64. 4; 1 05- J 64. 6; 105-262; 
Eff. February I, 1976; 
Amended Eff. July I, 1989. 

SECTION .2900 - VENDING MACHINES 

.2901 SALES THROUGH VENDING 
MACHINES 

(a) Any person who makes sales of tangible 
personal property by means of vending machines 
is required to register with the Department of 
Revenue and pay sales tax on the sales price of 
tangible personal property in excess of one cent 
per sale. One cent sales through vending ma- 
chines aire exempt from sales tax when made by 
the owner or lessee of the vending machines. 
Effective July 1, 1989, the sales price of tangible 
personal property sold through coin-operated 
vending machines, other than closed container 
soft drinks subject to the excise tax under Article 
2B of the Revenue Act or tobacco products, is 
considered to be 50 percent of the total amount 
for which the property is sold through the vend- 
ing machines. All bottled soft drinks containing 
35 percent or more of natural fruit or vegetable 



NORTH CAROLINA REGISTER 



354 



FINAL RULES 



juice and all bottled natural milk drinks contain- 
ing 35 percent or more natural liquid milk are 
exempt from the excise tax imposed by the Soft 
Drink Tax Article, but the exemption does not 
apply to any vegetable or fruit drink to which has 
been added any coloring, artificial flavoring or 
preser\'ative. The receipts from sales of these 
items exempt from the soft drink tax will be 
subject to the tax on 50 percent of the total 
amount for which these items are sold through 
vending machines. Records must be kept to 
support such exempt sales as required by G.S. 
105-164.22 and G.S. 105-164.24. 
(b) If a person operates a number of vending 
machines from which taxable sales are made at 
various locations in this state, one retailer's li- 
cense may be held by such person at his principal 
place of business and the tax may be accounted 
for in one return reflecting the total gross receipts 
derived from sales through all vending machines 
operated in this state. 

History Sole: Statutory Authority G.S. 
105- 164.4; 105-164.13; 105-262; 
Eff. Februarv I, J976; 
Amended Eff. July I, 1989. 

.2903 EXCLUSION OF TAX FROM RECEIPTS 

Vending machine operators are permitted to 
separate their receipts which are 100 percent tax- 
able from their receipts which are 50 percent 
taxable and, al'ter calculating the taxable amounts 
of each, may divide those total taxable amounts 
by 105 percent to arrive at taxable sales report- 
able on their sales and use tax returns. Records 
must be kept to support such sales as provided 
by G.S. 105-164.22 and G.S. 105-164.24. 

History S'ote: Statutory Authority G.S. 
105-164.4; 105-262; 
Eff. February' I, 1976; 
Amended Eff Jidv I, 1989; .August I. 1988; 
July 5, 19S0. 

SECTION .3200 - TELEPHONE .\ND 
TELEGR.VPH COMP.\NIES 

.3201 IN GENER.\L 

(a) Sales of central office equipment and 
switchboard and private branch exchange equip- 
ment to telephone and telegraph companies reg- 
ularly engaged in providing telephone and 
telegraph services to subscribers on a commercial 
basis and, effective July 1, 1983, sales to those 
companies of prewritten computer programs 
used in pro\iding telephone senice to their sub- 
scribers are subject to the one percent sales or use 
tax with a maximum tax of eighty doUars 
($80.00) per article. For the purpose of deter- 



mining the items that may be properly included 
in the terms central office equipment, switch- 
board equipment and private branch exchange 
equipment, reference is made to Accounts 221, 
231 and 234 of Title 47"Telecommunication 
Chapter 1, Part 31, Uniform Systems of Ac- 
counts, Class A and Class B Telephone Compa- 
nies, of the Federal Communications 
Commission's rules and regulations as revised to 
January 1, 1960. This Rule has no application 
to future changes in the Federal Communi- 
cations Commission's rules and regulations until 
such changes are reviewed by the Secretary of 
Revenue to determine the application of tax to 
the tangible personal property affected by such 
changes. 

(b) Account 221; Central Office Equipment. 
This account includes switchboards and other 
equipment, instruments and apparatus necessary 
to the functions of central offices. Sales to and 
purchases by the above-referred to telephone and 
telegraph companies of the items included in 
Account 221, with certain exceptions, examples 
of which are set out below, are subject to the one 
percent sales or use tax with a maximum tax of 
eighty dollars ($80.00) per article, irrespective of 
whether the items are classified in the Uniform 
System of Accounts as capital expenditures or as 
maintenance expense. Examples of items con- 
tained in Account 221 which are taxable at the 
three percent rate are: 

(1) aisle-hghting equipment attached to 
buildings; 

(2) minor building alterations when tangible 
personal property not properly termed 
central office equipment is affixed or at- 
tached to or in any manner becomes a 
part of a building or structure; 

(3) cable, other than that connecting central 
office units to each other or to distributing 
frames; 

(4) covers for transmission power apparatus; 

(5) desks and tables unless equipped with 
central office equipment when purchased; 

(6) foundations for engines and other equip- 
ment when part of building; 

(7) loading coils used outside central office, 
loud speaker equipment, operators' chairs; 

(8) platforms, rolling ladders, tarpaulins, 
ticket holders, toll ticket carriers; 

(9) water stiUs for battery senice; 

(10) tools and portable testing equipment re- 
gardless of where used; 

(11) items not herein specified but which may 
be excluded by Notes A, B, C and D to 
Account 221. 

(c) Account 231; Station Apparatus. This ac- 
count includes private branch exchange equip- 
ment in addition to station apparatus. That 



i55 



NORTH CAROLINA REGISTER 



FINAL RULES 



equipment which is properly included in the term 
private branch exchange equipment is taxable at 
the one percent rate subject to the eighty dollar 
($80.00) maximum tax per article, whether clas- 
sified by the Uniform System of Accounts as 
capital expenditures or as maintenance expense; 
however, all other equipment in this account is 
subject to the three percent sales or use tax. 
Examples of items contained in Account 231 
which are taxable at the three percent rate are 
desk sets, hand sets, wall sets, mobile telephone 
equipment, backboards, battery boxes, booths, 
coil collectors, station wiring, protectors, 
arresters, ground rods, clamps, wire and similar 
associated equipment, and any items not prop- 
erly classified as private branch exchange equip- 
ment and not included in Accounts 221 and 234 
but distributable to other accounts by Notes A, 
B, C and D to Account 231. 

(d) Account 234; Large Private Branch Ex- 
change. This account contains equipment and 
apparatus necessary to the operation of the above 
named exchanges. The equipment and apparatus 
contained in this account which are properly in- 
cluded in the term private branch exchange 
equipment are subject to the one percent sales 
or use tax with a maximum tax of eighty dollars 
($80.00) per article, whether classified under the 
Uniform System of Accounts as capital expendi- 
tures or as maintenance expense, but does not 
include any tangible personal property which is 
station apparatus. Examples of items included 
in Account 234 which are taxable at the three 
percent rate are operators' chairs and equipment 
and apparatus distributable to other accounts by 
Notes A, B, and C to Account 234. 

(e) The gross receipts derived by a utility from 
sales of intrastate telephone service are subject to 
the three percent sales tax on and after January 
1, 1985. The term "utility," as used in this Rule, 
means a telephone company that is subject to the 
privilege tax based on gross receipts tax under 
G.S. 105-120. The receipts upon which the tax 
is due is the total amount derived from the sale 
of intrastate telephone service, including any 
charges that go into the delivery of the service 
that are a part of the sale of such service valued 
in money, whether paid in money or otherwise, 
and includes any amount for which credit is given 
to the purchaser by the seller without any de- 
duction on account of the cost of the service sold, 
the cost of materials used, labor or service costs, 
interest charged, losses or any other expenses 
whatsoever. Therefore, all charges for tangible 
personal property and services provided in the 
delivery of intrastate telephone service to the 
purchaser are a part of the sale of intrastate tele- 
phone service upon which the tax is due, 
notwithstanding that some charges may be billed 



separately to the customer from the time or flat 
rate charges. The term "intrastate telephone 
service" means telephone service which originates 
and terminates within this state notwithstanding 
that it may be routed through equipment located 
outside this state. Set forth in this Paragraph are 
the departmental interpretations as to the appli- 
cation of sales tax to transactions by telephone 
companies. 

(1) Sales tax should be separately stated on 
the bill provided to each customer; how- 
ever, the franchise tax is not to be sepa- 
rately stated on such bills. 

(2) A telephone company must report receipts 
from sales of intrastate telephone service 
on an accrual basis. A sale of intrastate 
telephone service is considered to accrue 
when the telephone company bills the 
customer for the sale and the applicable 
tax should be computed thereon. Such 
receipts must be reported on the Fran- 
chise and Sales Tax Report, Form 
CD-310, which is to be filed quarterly 
within 30 days following the close of the 
calendar quarter in which the tax accrues. 

(3) Charges for reconnecting service to cus- 
tomers after service has been terminated 
for nonpayment are a part of gross re- 
ceipts from sales of intrastate telephone 
service and are subject to sales tax. Like- 
wise, any charges for disconnecting such 
service are subject to the sales tax. 

(4) Sales of intrastate telephone service di- 
rectly to the United States Government 
or any agency thereof are not subject to 
sales tax. In order to be a sale to the 
United States Government, the Govern- 
ment or agency involved must make the 
purchase of the intrastate telephone ser- 
vice and pay directly to the vendor the 
purchase price of such service. While 
sales directly to the United States Gov- 
ernment or any agency thereof are exempt 
from sales tax, telephone companies 
should obtain a purchase requisition one 
time from each agency for their records. 

(5) Accounts of purchasers representing taxa- 
ble sales on which the sales tax has been 
paid that are found to be worthless and 
actually charged off for income tax pur- 
poses may at corresponding periods be 
deducted from gross sales provided, how- 
ever, they must be added to gross sales if 
afterwards collected. 

(6) The local sales tax is not applicable to 
those receipts from services subject to the 
state sales tax of three percent, but the 
local tax is applicable to receipts from 
sales and leases of tangible personal prop- 



NORTH CAROLINA REGISTER 



356 



FINAL RULES 



erty subject to the three percent state rate 
of tax. 

(7) Late payment charges are not subject to 
sales tax. 

(8) Any return check charges on customers' 
checks returned by a bank because of in- 
sufficient funds are not subject to sales 
tax. 

(9) Telephone companies that sell or lease 
telephone equipment, or related compa- 
nies or other vendors or lessors that sell 
or lease such equipment are liable for 
collecting and remitting the state and ap- 
plicable local sales or use tax on the 
amounts of such sales or leases. Such tax 
is to be reported on the monthly sales and 
use tax report, Form E-500, and should 
not be reported on the quarterly Franchise 
and Sales Tax Return, Form CD-310. 

History Note: Statutory Authority G.S. 
105-164.4 105-164.6; 105-262; 
Eff. February I. 1976; 
Amended Eff. July f 1989; May /, 1985; 
March I, 1984. 

.3203 TOLL OR PRIVATE 

TEL^:COVl^lLNICATIO^S SERVICES 

Effective January 1, 1989, the gross receipts de- 
rived from toU telecommunications services or 
private telecommunications services as defmed 
by G.S. 105- 120(a) that both originate and ter- 
minate in the state which are not subject to the 
privilege tax under G.S. 105-120 are subject to a 
six and one-half percent state sales tax. Such 
receipts are not subject to the state three percent 
or local sales taxes. This six and one-half percent 
sales tax is not refundable under the provisions 
of G.S. 105- 164. 14(b) or (c). This levy does not 
apply to mutual telephone associations or coop- 
eratives nor does it include those companies that 
provide pager services by means other than tele- 
phonic quality communications. 

History Note: Statutory Authority G.S. 
105-164.4: 105-164.6; 105-262; 
Eff July I, 1989. 

SECTION .3300 - ORTIIOrEDIC APPLIANCES 

.3301 EXEMPT ORTHOPEDIC APPLIANCES 

Sales of crutches, artificial limbs, artificial eyes, 
hearing aids, false teeth, eyeglasses ground on 
prescription of physicians or optometrists, 
pulmonary respirators sold on prescription of 
physicians, whether worn on the person or not, 
and other orthopedic apphances when the same 
are designed to be worn on the person of the 
owner or user, are exempt from sales and use tax. 



The term "orthopedic appliances" includes 
headgear, bows, neckstraps, wires, bands, brack- 
ets, rubber bands and jackscrews when such 
items are purchased by orthodontists to be as- 
sembled into various types of appliances to be 
worn on the person of the owner or user. Items 
which are deemed to be tax exempt orthopedic 
appliances are set forth in this Rule for illustra- 
tive purposes: 

1) abdominal belts; 

2) artificial noses and ears; 

3) cervical braces; 

4) clavicle splints; 

5) crutch tips; 

6) crutches; 

7) dorsolumbar supports; 

8) elastic anklets; 

9) elastic arch binder; 

(10) elastic arch brace; 

(11) elastic bandage; 

(12) elastic hose; 

(13) elastic wrist bands; 

(14) head halters; 

( 1 5) invalid walkers; 

(16) lumbosacral supf>orts; 

(17) maternity supports; 

( 1 8) obturators for cleft palate; 

(19) post-operative supports; 

(20) rib splints; 

(21) sacroiliac supports; 

(22) shoulder braces; 

(23) spinal braces; 

(24) stryker frames; 

(25) susp>ensories; 

(26) traction devices; 

(27) trusses; 

(28) walking canes; 

(29) wheel chairs; 

(30) hip prosthesis; 

(31) bone nails; 

(32) artificial heart valves; 

(33) artificial arteries; 

(34) iron lungs; 

(35) cervical neck collars; 

(36) leg braces; 

(37) ostomy bags, discs, tubes and belts (but 
not ostomy supplies, such as cements and 
removers, powders, germicides or similar 
supplies); 

(38) artificial limbs. 

History Note: Statutory Authority G.S. 
105-164.13; 105-262; 
Eff February I. 1976; 

Amended Eff July I, 1989; February 1, 1986; 
January 1, 1982. 

SUBCHAPTER 7C - LOCAL GOVERNMENT: 
MECKLENBURG COUNTY: SUPPLEMENTAL 



357 



NORTH CAROLINA REGISTER 



FINAL RULES 



LOCAL GOVERNMENT AND ADDITIONAL 

SUPPLEMENTAL LOCAL GOVERNMENT 

SALES AND USE TAX ACTS 

SECTION .0100 - LOCAL GOVERNMENT 
SALES AND USE TAXES 

.0103 SALES TAX IMPOSED 

(a) Every retailer whose place of business is 
located in a county which has levied the 
Mecklenburg County or the local government 
sales and use tax and the supplemental local 
government and the additional supplemental lo- 
cal government sales and use tax is required to 
collect and remit to the North Carolina Secretary 
of Revenue the county sales tax at the rate of two 
percent on: 

(1) the sales price of those articles of tangible 
personal property now subject to the three 
percent sales tax imposed by the state un- 
der G.S. 105-164.4(1); but not on sales of 
electricity, piped natural gas or intrastate 
telephone service taxed under G.S. 
105-164.4(4a); 

(2) the gross receipts derived from the lease 
or rental of tangible personal property 
where the lease or rental of such property 
is an established business now subject to 
the three percent sales tax imposed by the 
state under G.S. 105-164.4(2); 

(3) the gross receipts derived from the rental 
of any room or lodging furnished by any 
hotel, motel, inn, tourist camp or other 
similar accommodations now subject to 
the three percent sales tax imposed by the 
state under G.S. 105-164.4(3); 

(4) the gross receipts derived from services 
rendered by laundries, dry cleaners, clean- 
ing plants and similar type businesses now 
subject to the three percent sales tax im- 
posed by the state under G.S. 
105-164.4(4). 

(b) All retailers making taxable sales from a 
place of business located within a taxing county 
must collect and remit the two percent local sales 
tax of the county in which the retailer's place of 
business is located. Effective March 1, 1988, for 
local sales tax purposes, the situs of a sale is the 
retailer's place of business located within a taxing 
county where the retailer becomes contractually 
obligated to make the sale. The term "place of 
business located within a taxing county" shall 
mean stores, warehouses, sales offices, sales out- 
lets, inventories, and other places within a taxing 
county where tangible personal property is 
maintained for sale, lease, or rental at retail, and 
it shall include inventories of goods carried on 
foot or in vehicles for sale to customers in a tax- 
ing county. It shall also include laundries, dry 
cleaning plants, or similar businesses and hotels, 



motels, or similar facilities in a taxing county. 
Taxable tangible personal property sold at a 
business location in a taxing county and delivered 
by retailers, their agents, the U.S. Mail, or by 
common carrier to the purchaser in that county 
or in any other county in this state is subject to 
the sales tax of the county in which the retailer's 
place of business is located at which such retailer 
becomes contractually obligated to make the sale. 

History Note: Statutory Authority G.S. 
105-262; 105-467; 
Eff. February I. 1976; 

Amended Eff. July I, 1989; December I, 1988; 
August I. 1988; August I. 1986. 

.0104 USE TAX IMPOSED 

(a) A local use tax is levied at the rate of two 
percent of the cost price of each item or article 
of tangible personal property which is used, con- 
sumed or stored for use or consumption in a 
taxing county and such use tax may be imposed 
only on those items of tangible personal property 
upon which the state now levies a three percent 
use tax under G.S. 105-164.6. Every retailer en- 
gaged in business in this state and in the taxing 
county and required to collect the use tax levied 
by G.S. 105-164.6 shall also collect the one per- 
cent local use tax and remit same to the North 
Carolina Secretary of Revenue when such prop- 
erty is to be used, consumed or stored in the 
taxing county. The use tax shall be levied against 
the purchaser and his liability for such tax shall 
be extinguished only upon his payment of the tax 
to the retailer, where the retailer has charged the 
tax, or to the Secretary of Revenue where the 
retailer has not charged the tax. Every p)erson 
who purchases any taxable tangible personal 
property for use or consumption in a taxing 
county from vendors located outside North 
Carolina or outside the purchaser's county on 
which the county tax was not required to be 
collected by the vendors must report and remit 
the appUcable use tax to the Secretary of Re- 
venue. 

(b) Where a local sales or use tax has been-paid 
with respect to such tangible personal property 
by the purchaser thereof, either in another taxing 
county within this State or in a taxing jurisdiction 
outside this State where the purpose of the tax is 
similar in purpose and intent to the local sales 
or use tax which is imposed within this State, 
said tax may be credited against the local use tax 
due. If the amount of local sales or use tax paid 
in another taxing county or jurisdiction is less 
than the amount of tax due the taxing county, 
the purchaser shall pay to the Secretary of Re- 
venue an amount equal to the difference between 
the amounts so paid in the other taxing county 



NORTH CAROLINA REGISTER 



358 



FINAL RULES 



or jurisdiction and the amount due in the taxing 
county. No credit shall be allowed for sales and 
use taxes paid in a taxing jurisdiction outside this 
State if that taxing jurisdiction does not allow a 
credit for local government sales taxes paid in this 
State. The local use tax will not be subject to 
credit for payment of any state sales or use tax 
not imposed for the benefit and use of counties 
and municipalities. 

History Note: Statutory Authority G.S. 
105-262: 105-468; 
Eff. February I. 1976; 

Amended Eff. July I, 1989; December I, 1988; 
August I. 1988; February 8, 1981. 

SECTION .0300 - APPLICATION OF LOCAL 
TAX TO SPECIFIC TRANSACTIONS 

.0304 APPLICATION OF TAX 

The following examples of transactions are in- 
tended to serve as guides in applying local sales 
or use tax to sales and purchases of tangible per- 
sonal property in this state. 
(1) Vendors Making Sales of Tangible Personal 
Property From a Place of Business in North 
Carolina: 

(a) A vendor making retail sales from a place 
of business located in a taxing county 
must coUect and remit the local sales tax 
for the county in which the vendor's place 
of business is located. For sales tax pur- 
poses, the situs of the sale is the vendor's 
place of business located in a taxing 
county where the vendor becomes 
contractually obligated to make the sale. 

(b) A vendor with a place of business in 
County A who sends a salesman into an- 
other county to solicit orders, which are 
accepted at the vendor's place of business 
in County A and filled by dehvery from 
the vendor's place of business in County 
A to the purchaser in another county, is 
liable for collecting and remitting County 
A's sales tax on such retail sales of tangi- 
ble personal property. 

(c) A vendor with places of business in 
County A and County B receives an order 
at the location in County A which he 
forwards to the location in County B for 
approval and acceptance and which is 
filled by delivery from a location in 
County B to a customer in County A. 
County B's sales tax is due on the sale. 

(d) A vendor with a place of business in 
County A receives an order which he ap- 
proves and accepts at the location in 
County A but fills the order by making 



shipment from a location in County B. 
County A's sales tax is due on such sales, 
(e) A vendor whose only place of business is 
in County A receives an order from a 
customer in County B and the order is 
approved and accepted in County A but 
delivery is made from a point in County 
B. County A's sales tax is due on such 
sales. 

(2) Vendors Making Sales of Tangible Personal 
Property From a Place of Business Outside 
of North Carolina: 

(a) An out-of-state vendor who is "engaged 
in business" in this state and in a taxing 
county as the term is defmed in G.S. 
105-164.3(5) is liable for charging and 
remitting such county's tax on tangible 
personal property which he sells at retail 
for storage, use or consumption in that 
county. 

(b) An out-of-state vendor who is not "en- 
gaged in business" in a taxing county as 
the term is defmed by G.S. 105-164.3(5) 
is not liable for charging or remitting that 
county's sales or use tax on sales of tan- 
gible personal property which is sold and 
delivered from a place of business outside 
of North Carolina to a purchaser in that 
county. The purchaser is liable for 
remitting the applicable county use tax to 
the Department of Revenue on the cost 
price of such tangible personal property. 

(3) Persons Leasing or Renting Tangible Per- 
sonal Property From an Inventory of Prop- 
erty in North Carolina are Deemed to Have 
a Place of Business in the County in Which 
the Inventory is Located: 

(a) A lessor who maintains an inventory of 
tangible personal property in a taxing 
county for the purpxjse of lease or rental 
is liable for charging and remitting such 
county's sales tax on receipts from the 
lease or rental of such property to lessees 
in that county for use. 

(b) A lessor who leases tangible personal 
property from an inventory in a taxing 
county and ships or delivers the property 
to a lessee in a county in which he does 
not have a place of business or an inven- 
tor>' of tangible personal property for the 
purpHDse of lease or rental is liable for 
charging and remitting the county's tax 
on such lease receipts for the county in 
which his inventor>' is located. 

(c) If a lessor has an inventory of tangible 
personal property in two counties and 
leases property from the inventory in one 
county to a lessee in the other county and 
delivers the property to the lessee in the 



i59 



NORTH CAROLINA REGISTER 



FINAL RULES 



other county in which he also has an in- 
ventory, the lessor is liable for charging 
and remitting the sales tax of the county 
where he enters into the contract and be- 
comes contractually bound to lease or 
rent the property, 
(d) If a lessor keeps an inventory of tangible 
personal property in a county where he 
enters into a contract and becomes 
contractually bound to lease property to 
a lessee in that county for use in the gen- 
eral conduct of business within and with- 
out that county, the lessor is liable for 
charging and remitting such county's sales 
tax on the lease or rental receipts. 
(4) Persons Leasing or Renting Tangible Per- 
sonal Property From an Inventory of Prop- 
erty Located Outside North Carolina: 

(a) A lessor with an inventory of tangible 
personal prof)erty outside North Carolina 
who leases or rents property to a lessee in 
this state for use in a taxing county is lia- 
ble for charging and remitting such coun- 
ty's use tax on the lease or rental receipts. 

(b) When property that is leased for a defmite 
stipulated period of time is delivered to 
the lessee prior to the date the tax be- 
comes effective in a taxing county, the 
lease or rental receipts are not subject to 
the county tax levied after the delivery of 
the property. If the lease is on a month 
to month basis, the lease receipts for 
months subsequent to the effective date 
of the local tax are subject to the tax. 



(5) A p)erson who operates a laundry, dry 
cleaning plant or similar business in a taxing 
county is liable for charging and remitting 
such county's sales tax on receipts derived 
from the operation of the business. The tax 
applies even though the items being cleaned 
may be picked up from the customers or 
delivered to them in another county within 
North Carolina or outside this state. An 
independent operator that solicits business 
on his own account but engages a 
laundering, dry cleaning or hat blocking fum 
or similar type business to perform the 
laundering, dry cleaning or other services is 
liable for collecting and remitting the county 
sales tax for the county in which the busi- 
ness is solicited. 

(6) A person who operates a laundry, dry 
cleaning plant or similar business outside 
North Carolina and who picks up items 
from customers in a taxing county, cleans 
them at the cleaning plant outside this state 
and then returns them to the customers in 
the taxing county, is not liable for charging 
and remitting the taxing county's use tax on 
the receipts from the cleaning services. 

History Note: Statutory Authority G.S. 
105-262; 105-467; 105-468; 
S.L. 1967, Ch. 1096, s. 4 and 5; 
Eff. February I, 1976; 

Amended Eff. July I, 1989; November I. 1982; 
January I, 1982. 



NORTH CAROLINA REGISTER 



360 



NC AC INDEX 



TITLE/MAJOR DIVISIONS OF THE NORTH CAROLINA ADMINISTRATIVE CODE 
TITLE DEPARTMENT 



1 
2 
3 

4 

5 

6 

7 

8 

9 
10 
11 
12 
13 
14A 
15 
16 
17 
18 
19A 
20 
♦21 
22 
23 
24 
25 
26 



Administration, Department of 

Agriculture, Department of 

Auditor, Department of State 

Commerce, Department of 

Corrections, Department of 

Council of State 

Cultural Resources, Department of 

Elections, State Board of 

Governor, Office of the 

Human Resources, Department of 

Insurance, Department of 

Justice, Department of 

Labor, Department of 

Crime Control and Public Safety, Department of 

Natural Resources and Community Development, Department of 

Public Education, Department of 

Revenue, Department of 

Secretary of State, Department of 

Transportation, Department of 

Treasurer, Department of State 

Occupational Licensing Boards 

Administrative Procedures 

Community Colleges, Department of 

Independent Agencies 

State Personnel, Office of 

Administrative Hearings, Office of 



NOTE: Title 21 contains the chapters of the various occupational licensing boards. 
CHAPTER LICENSING BOARDS 



2 
4 
6 
8 
10 
12 
14 
16 
18 
20 
21 
22 
26 
28 
31 
32 
33 
34 
36 
37 
38 
40 
42 



Architecture, Board of 

Auctioneers, Commission for 

Barber Examiners, Board of 

Certified Public Accountant Examiners, Board of 

Chiropractic Examiners, Board of 

Genera] Contractors, Licensing Board for 

Cosmetic Art Examiners, Board of 

Dental Examiners, Board of 

Electrical Contractors, Board of Examiners of 

Foresters, Board of Registration for 

Geologists, Board of 

Hearing Aid Dealers and Fitters Board 

Landscape Architects, Licensing Board of 

Landscape Contractors, Registration Board of 

Martial & Family Therapy Certification Board 

Medical Examiners, Board of 

Midwifery Joint Committee 

Mortuary Science, Board of 

Nursing, Board of 

Nursing Home Administrators, Board of 

Occupational Therapists, Board of 

Opticians, Board of 

Optometry, Board of Examiners in 



361 



NORTH CAROLINA REGISTER 



NC AC INDEX 



44 Osteopathic Examination and Registration, Board of 

46 Phannacy, Board of 

48 Physical Therapy Examiners, Board of 

50 Plumbing and Heating Contractors, Board of 

52 Podiatry Examiners, Board of 

53 Practicing Counselors, Board of 

54 Practicing Psychologists, Board of 

56 Professional Engineers and Land Surveyors, Board of 

58 Real Estate Commission 

60 Refrigeration Examiners, Board of 

62 Sanitarian Examiners, Board of 

63 Social Work, Certification Board for 

64 Speech and Language Pathologists and 

Audiologists, Board of Examiners of 

66 Veterinary Medical Board 



NOR TH CAROLINA REGIS TER 362 



CUMULA TIVE INDEX 



CUMULA TIVE INDEX 

(April 1989 - March 1990) 



1989 - 1990 

Pages Issue 

1 - 151 1 - April 

152 - 192 2 - April 

193 - 216 3 - May 

217 - 289 4 - May 

290 - 311 5 - June 

312 - 364 6 - June 



AO - Administrative Order 

AG - Attorney General's Opinions 

C - Correction 

FR - Final Rule 

GS - General Statute 

JO - Judicial Orders or Decision 

M - Miscellaneous 

NP - Notice of Petitions 

PR - Proposed Rule 

SO - Statements of Organization 

TR - Temporary Rule 



ADMIMSTRAXrS E ORDER 

Administrative Order, 4, 152 

AGRICULTURE 

Cotton Warehouse, 220 PR 

Markets, 217 PR 

N.C. Pesticide Board, 292 PR 

N.C. Plant Conservation Board, 196 PR 

N.C. State Fair, 217 PR 

Plant Industry, 153 PR, 218 PR 

COMMERCE 

N.C. Cemetery Commission, 198 PR 

COMMLTSITY COLLEGES 

Board of Community Colleges, 352 PR 

EDUCAIION 

Elcmentar>' and Secondary Education, 253 PR, 295 PR 



FLSAL DECISION LETI ERS 

Voting Rights Act, 5, 193 

FINAL RULES 



565 NOR TH CA ROLINA REGIS TER 



CUMULA TIVE INDEX 



List of Rules Codified, 183 FR, 274 FR, 303 FR 

GOVERNOR/LT. GOVERNOR 

Executive Orders, 1, 290, 312 

HUMAN RESOURCES 

Facility Services, 199 PR 

Health Services, 153 PR, 315 PR 

Medical Assistance, 158 PR, 294 PR 

Mental Health: Mental Retardation and Substance Abuse Services, 17 PR 

Vocational Rehabilitation Services, 7 PR 

INSURANCE 

Fire and Casualty Division, 202 PR 

LICENSING BOARDS 

Architecture, 349 PR 

North Carolina Certification Board for Social Work, 179 PR 

Nursing, Board of, 296 PR 

Physical TTierapy Examiners, 262 PR 

NATURAL RESOURCES AND COMMUNITY DEVELOPMENT 

Coastal Management, 239 PR 

Community Assistance, 134 PR 

Economic Opportunity, 178 PR 

Environmental Management, 18 PR, 160 PR, 202 PR, 238 PR, 295 PR, 347 PR 

Marine Fisheries, 47 PR 

WUdlife Resources and Water Safety, 134 PR, 178 PR, 207 PR, 252 PR 

REVENUE 

Sales and Use Tax, 353 FR 

STATE PERSONNEL 

State Personnel Commission, 181 PR, 210 PR, 265 PR 

TRANSPORTATION 

Division of Motor Vehicles, 140 FR 



NOR TH CAROLINA REGIS TER 364 



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